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Objections & Comments

Proposed Cellular Tower in De Rust

October & November 2020 correspondence and images related to the objection to a proposed cellular tower in de Rust. 

Material is listed in descending date order, the initial correspondence from September 2020 can be read here.

 

OBJECTIONS TO THE SECTION 27 APPLICATION - A PROPOSED CELL PHONE TOWER - MUST BE SUBMITTED TO HERITAGE WESTERN CAPE BY 12 DECEMBER 2020

DETAILS APPEAR IN THE FOLLOWING DOCUMENTS

SECTION 27 APPLICATION.PDF        ERF 24 PDF     

and     APPROVED APPEALS AGENDA.PDF 

 

The complete correspondence with Heritage Western Cape, with relevant attachments, appears below.

A summary of the course of action which will be followed appears in the following newsletter,

which can be downloaded here.

 ________________________________

 

“De Rust Heritage Now”

October Newsletter # 2/2020

“Special Edition - Proposed Cellular Tower”

This is a report back on the current situation relating to the proposed cellular tower for all interested and involved parties. This follows the successful appeal made by De Rust Heritage to Heritage Western Cape on the previous approval incorrectly granted for a cellular tower of 25 m in height plus equipment situated on Erf 204 belonging to the NG Kerk.

In order to clarify the situation for residents, the current position in terms of the Heritage Resources Act of 1999 Section 38(2)(a) is that any application for the proposed tower now has to follow the following summarized course of action: 

A “Heritage Impact Assessment Report” has to be completed by a suitably qualified and registered Heritage Resources practitioner using the following criteria.  This has to be paid for directly by the applicant: 

  • The identification and mapping of all heritage resources in the area affected – this will include all heritage properties in the immediate area - not just the NG Kerk and Hall.
  • An assessment of the impact of the proposed development on existing heritage resources, including all heritage properties in the immediate vicinity. 
  • The results of consultation with interested and effected parties on the effect of the proposed development including other interested parties. 
  • If heritage resources are to be adversely affected the consideration of suitable alternative solutions or sites. 
  • Following the submission of the “Heritage Impact Assessment Report” it is then up to Heritage Western Cape to decide whether or not the project may go ahead and if so, what specific conditions would apply. 

The above is a condensed summary of the Heritage Resources Act Section 38(2)(a) as contained in the correspondence from Marnus Barnard of De Rust Heritage who is a member of the Greater Oudtshoorn Joint Heritage Permit Committee – see full details on the e-mail on our website www.derustheritage.org.za 

 

Some Conclusions for Consideration 

In terms of the above requirements it is now up to the De Rust community – particularly those who are directly interested and affected parties.  This particularly applies to property owners in the immediate vicinity of the proposed site. Some suggested actions are as follows:

  • Following the appointment of a registered Heritage Practitioner by Heritage Western Cape, that each and every interested and affected party ensures that they provide the required detailed feedback to the consultant involved.
  • Providing detailed information for any report to Heritage Western Cape in both written and oral format as well as to De Rust Heritage. 
  • Ensuring that the appointed Heritage Practitioner provides adequate feedback to the community prior to the submission of any report to Heritage Western Cape.
  • Following the submission of any “final report” to Heritage Western Cape that a copy of this is made available to De Rust Heritage for community feedback. 

In order to ensure an optimum result for the whole De Rust community, it will be necessary for each and every resident interested in the long-term future of the Village to properly engage in the full process.  This should then ensure a successful outcome for all concerned.       

Alan Tonkin

De Rust Heritage

22 November, 2020 

_________________________________

 

Correspondence with Heritage Western Cape, with relevant attachments 

 

From: Marnus Barnard [mailto:mcb1@telkomsa.net]
Sent: 18 November 2020 09:09 PM
To: 'Jonathan Windvogel' <Jonathan.Windvogel@westerncape.gov.za>; 'Johan Smit 2' <josmit@mweb.co.za>; 'lizette@oudtmun.gov.za' <lizette@oudtmun.gov.za>; 'Ann Meiring' <ann.meiring@rawson.co.za>; 'gilbert@oudtmun.gov.za' <gilbert@oudtmun.gov.za>; 'perceptionplanning@gmail.com' <perceptionplanning@gmail.com>; 'carol@syce.co.za' <carol@syce.co.za>; 'Peter and Margaret Mouton' <jesspark@mweb.co.za>; 'etienne@wpplanning.co.za' <etienne@wpplanning.co.za>; 'ngderust@scwireless.co.za' <ngderust@scwireless.co.za>; 'Hazel Jonker' <hazel@opsa.co.za>
Cc: 'Aneeqah Brown' <Aneeqah.Brown@westerncape.gov.za>
Subject: RE: Erf 204, 12 Burg Street, De Rust Cellphone Tower Appeals meeting

Dear Mr Windvogel

Thanks for affording me the opportunity to virtually attend the appeals meeting this morning.  I was very pleased with the professional manner in which the proceedings were conducted.

We are looking forward to your written confirmation of the outcome of the appeal.

To all other addressees

The appeal lodged by the Greater Oudtshoorn Joint Permit Committee regarding this matter was heard this morning and has been successful.

The result of this is that HWC need to request the applicant to submit a Heritage Impact Assessment Report in terms of Section 38(2)(a) of the Act.  I attach an extract of the relevant part for your convenience.

Personally I am very satisfied with this outcome, as such an assessment will provide all parties with the relevant information needed to make informed decisions on the matter.

Regards

Marnus Barnard |Architect 

Office: +27 44 241 2477 |Mobile: +27 82 373 6373
Skype: marnus.barnard1  |E-mail: mcb1@telkomsa.net

 

 

 _____________________

From: Jonathan Windvogel <Jonathan.Windvogel@westerncape.gov.za>
Sent: Wednesday, 18 November 2020 13:26
To: Khanyisile Bonile <Khanyisile.Bonile@westerncape.gov.za>
Cc: 'Marnus Barnard' <mcb1@telkomsa.net>; rickety@imaginet.co.za; Carol Jeal <carol@syce.co.za>
Subject: RE: Philip and Carol Jeal's response to Section 27 Application - ERF 204 De Rust HWC ref Number - 20110409

Good day

Thank you. Khanyisile, please see the attached comment for you case. You still need to get the other comments from interested and affected parties including the Municipality.

Regards                                                                          PLEASE CLICK HERE TO READ PHILIP & CAROL JEAL'S RESPONSE IN PDF DOC

Jonathan Windvogel

Heritage Western Cape, 3rd Floor, Protea Assurance Building, Green Market Square, Cape Town 8001

Email:  jonathan.windvogel@westerncape.gov.za

(Please contact me via email, as I attend meetings most times of the day)

Website: http://www.hwc.org.za

 _________________________

From: rickety@imaginet.co.za <rickety@imaginet.co.za>
Sent: Wednesday, 18 November 2020 13:23
To: 'Callie' <caburger@worldonline.co.za>; 'Carol Jeal' <carol@syce.co.za>; 'vredelus@gmail.com' <vredelus@gmail.com>; 'Marnus Barnard' <mcb1@telkomsa.net>; 'Ann.Meiring@rawson.co.za' <Ann.Meiring@rawson.co.za>; 'JULIA LE ROUX' <julialerouxkrowitz@gmail.com>
Cc: 'Peter and Margaret Mouton' <jesspark@mweb.co.za>; 'josmit21@mweb.co.za' <josmit21@mweb.co.za>
Subject: RE: Proposed Cellular Tower - De Rust

Good day Callie

Thank you for your e-mail to Carol regarding the site of the proposed cellular tower to which I will respond as follows: 

I do not believe that the majority of residents have any problem with the proposed new cellular tower – the objection at this stage is with its proposed location.  This is currently right in the center of the Village where there is a large concentration of heritage buildings – not only the NG Kerk and Old Church Hall which are Provincial Heritage sites but also a large number of the original homes built in the early 1900’s.  In addition, Heritage Western Cape approved the original application based on partial information supplied by their own staff and by not involving either De Rust Heritage or the Oudtshoorn Municipal - Joint Heritage Permit Committee on which Marnus represents De Rust Heritage.  However, this process is currently being corrected by Heritage Western Cape with the original Section 38 approval being withdrawn and a new process including a full heritage assessment now starting from scratch.  Updated information will be shared on our De Rust Heritage website www.derustheritage.org.za as events move forward with HWC.

Unlike many smaller Karoo towns and villages De Rust is experiencing a shortage of heritage properties for sale with significant interest from up-country buyers relocating from the larger centers. This has as resulted in significant home improvement and employment opportunities in the Village over this period with a clear upward trend in property prices over the past 10 years.  Lightstone Property stats for De Rust show a median 2010 figure for that year of R 398 000 and a 2020 median amount of R 1 098 000, which is an increase significantly above both the rate of property inflation and Rand devaluation. This indicates that De Rust property is behaving in a contra-cyclical way to many other smaller centers in the Karoo.  Some of this is due to the efforts of many of those involved in De Rust Heritage over this period starting in 2009 when registration from HWC was granted to the De Rust Heritage Conservation Association.

At this stage I do not believe that the majority of residents are against improving the quality of mobile reception in the Village but there is the existing tower which could possibly be utilized – currently both Vodacom and MTN share the facility.  In fact in the original application for the tower, the point was made by Heritage Western Cape that the Department of Environmental Affairs should also be directly involved in the EIA process for any proposed facility.  The DEA  also recommend using existing infrastructure wherever possible.  I would also point out that Southern Cape Wireless are an additional player in the Village.

Following the recent national strategic Telkom move away from fixed lines to wi-fi, they are in all probability looking at upgrading their footprint in De Rust.  However, there are other locations in the Village which could be considered, including using a possible site south of the Village and behind Erf 316 (the existing NG Kerk graveyard) situated close to the NG Kerk.  In addition, the municipal property on the koppie behind the existing pump station near your house could also be considered as another option. In both cases municipal services including electricity are sufficiently close and the proposed tower could be situated far enough away from residential properties to avoid any noise and other related pollution.  The other alternative location is by utilizing Vredelus (part of the original farm De Rust) outside the Village precinct.  I am also reliably informed that the majority of the members of the Church Council who support the church site as a possible location, are farmers who reside outside the Village and are therefore, not directly involved from a personal investment perspective. 

I would also suggest that you take a look at the interesting article regarding the 5G towers originally erected in Kimberly which were first installed and then removed by the cellular provider Frogfoot and replaced by underground fiber cables in the heritage area of the city.  This was done as a result of community action in conjunction with the Northern Cape Heritage Authority.  This article is available on the De Rust Heritage website www.derustheritage.org.za under the Heritage Western Cape page - Objections.  A similar position would seem to exist in De Rust as a registered heritage area.

At present we have 4G in De Rust and it is highly unlikely that this Village will get a 5G service in the near future as 5G is still to roll out in many of the major urban centers. However, both Vodacom and MTN carry out regular upgrades on their equipment at the tower in De Rust.  Since settling here permanently in 2016, Vodacom has moved from 3G to 4G/LTE  and I must say we personally are very satisfied with our service from Vodacom with excellent download speeds allowing for excellent streaming. 

I can understand the need for Telkom to upgrade their services as they move from fixed line to wi-fi which is the trend globally. However, this does not need to be done at the expense of the existing heritage aspect of the Village which is as important as other key issues including improved cellular access and wi-fi reception for business in De Rust. This is reflected in the latest Telkom financial results just released last week where fixed line customers and revenue have declined significantly by over 30% with their growth and revenue now being focused on cellular services.  However, the new Telkom wi-fi handsets which replace the fixed line service are experienced as unreliable and there are numerous complaints on a lack of service reliability including lack of reliable access to their network.   

I trust this answers some of your issues - thank you for your inputs which are important for the local community.  Equally, I agree that all property owners need to be considered in the process where innovative solutions to the issue should be possible to achieve for all directly concerned. 

Best regards

Alan

        

________________________ 

From: Callie <caburger@worldonline.co.za>
Sent: Tuesday, 17 November 2020 10:44
To: 'Carol Jeal' <carol@syce.co.za>; rickety@imaginet.co.za; vredelus@gmail.com; 'Marnus Barnard' <mcb1@telkomsa.net>; Ann.Meiring@rawson.co.za; 'JULIA LE ROUX' <julialerouxkrowitz@gmail.com>
Cc: 'Peter and Margaret Mouton' <jesspark@mweb.co.za>
Subject: RE: My observations

Good morning everyone. 

1. We do not have enough information to make a decision,  either for or against the tower. Currently many of our concerns are based on a fear of the unknown. 

 2. This project might actually increase the value of everyone’s  property. Currently the fear is that it might decrease the value of property.

 3. a) If this project is stopped there is a risk that our cellular and data network might not be upgraded at all.     

   b) We don’t have to accept the project,   but should consider the fact that someone wants to make such a large capital investment in De Rust. 

       (Who else would do the same?)                         

 4. We perhaps need a more informed discussion of the project

    a) What is the purpose of the project,  how will it work.

    b) How will the project benefit De Rust. 

    c) What is the disadvantages and risks involved.  

    d) What happened to the value of property where similar towers where installed for example in the  George residential areas.

 5.  Perhaps we need to invite role players and specialists  for a discussion with De Rust residents.

   

Callie Burger

 _____________________

          

From: Carol Jeal [mailto:carol@syce.co.za]
Sent: 13 November 2020 06:30 PM
To: rickety@imaginet.co.za; vredelus@gmail.com; 'Marnus Barnard'; Ann.Meiring@rawson.co.za; 'JULIA LE ROUX'; 'Callie'
Cc: 'Peter and Margaret Mouton'
Subject: My observations

Hi all

Please find my observations re the motivation letter included in the Section 27 application we received today.

Kind Regards

Carol

_______________________

 

From: Marnus Barnard <mcb1@telkomsa.net>
Sent: Monday, 16 November 2020 09:24
To: 'Jonathan Windvogel' <Jonathan.Windvogel@westerncape.gov.za>; rickety@imaginet.co.za
Cc: 'Johan Smit 2' <josmit@mweb.co.za>; 'Johan Smit 2' <josmit@mweb.co.za>; lizette@oudtmun.gov.za; vredelus@gmail.com; 'Ann Meiring' <ann.meiring@rawson.co.za>; gilbert@oudtmun.gov.za; perceptionplanning@gmail.com; carol@syce.co.za; 'Peter and Margaret Mouton' <jesspark@mweb.co.za>; etienne@wpplanning.co.za; ngderust@scwireless.co.za; niaan@vodamail.co.za; 'Carol Jeal' <carol@syce.co.za>
Subject: APPEAL : COMMUNICTIONS MAST : DE RUST

Dear Mr Windvogel

With reference to your request for our retraction of our appeal, please see the attached letter.      PLEASE CLICK HERE TO READ THE LETTER

Could you please furnish me with a link to the appeals meeting, as I would like to attend.

Regards

Marnus Barnard |Architect

Office: +27 44 241 2477 |Mobile: +27 82 373 6373
Skype: marnus.barnard1  |E-mail: mcb1@telkomsa.net                  

 

From: Jonathan Windvogel <Jonathan.Windvogel@westerncape.gov.za>
Sent: Friday, 13 November 2020 10:14
To: Marnus Barnard <mcb1@telkomsa.net>; rickety@imaginet.co.za
Cc: 'Johan Smit 2' <josmit@mweb.co.za>; 'Johan Smit 2' <josmit@mweb.co.za>; lizette@oudtmun.gov.za; vredelus@gmail.com; 'Ann Meiring' <ann.meiring@rawson.co.za>; gilbert@oudtmun.gov.za; perceptionplanning@gmail.com; carol@syce.co.za; 'Peter and Margaret Mouton' <jesspark@mweb.co.za>; etienne@wpplanning.co.za; ngderust@scwireless.co.za
Subject: RE: NOTICE OF APPEAL FOR SELFOON TORING - DE RUST

Good day

Please note, I am forwarding this email as per normal practice.

Should you wish the appeal to go ahead, then please furnish me the following details in order for Heritage Western Cape to invite you to the meeting:

Your name and surname

In what capacity you are interested in the matter (who you represent/your title)

Your cellphone number, preferably a number that is compatible with Whats App, so that we can alert you at the time the matter is heard at the meeting

Your email address.

Please note the meeting will take place on 18 November 2020 via the Microsoft Team platform due to Covid-19. A to the meeting link will be sent to you should Heritage Western Cape receive your contact details.

Should the appeal be retracted then please ignore this email request.

Regards

Jonathan Windvogel

Heritage Western Cape                  

3rd Floor, Protea Assurance Building, Green Market Square, Cape Town 8001

Email:  jonathan.windvogel@westerncape.gov.za

Telephone: 021 483 9598

Website: http://www.hwc.org.za  

 

From: Jonathan Windvogel

Sent: 13 November 2020 09:35 AM
To: Marnus Barnard <mcb1@telkomsa.net>; rickety@imaginet.co.za
Cc: 'Johan Smit 2' <josmit@mweb.co.za>; 'Johan Smit 2' <josmit@mweb.co.za>; lizette@oudtmun.gov.za; vredelus@gmail.com; 'Ann Meiring' <ann.meiring@rawson.co.za>; gilbert@oudtmun.gov.za; perceptionplanning@gmail.com; carol@syce.co.za; 'Peter and Margaret Mouton' <jesspark@mweb.co.za>; etienne@wpplanning.co.za; ngderust@scwireless.co.za; natiedes@telkomsa.net
Subject: RE: NOTICE OF APPEAL FOR SELFOON TORING - DE RUST

Good day

Please find the attached Section 27 application for the subject matter. Please comment on the attached Section 27 application. As a Conservation Body you have 30 days to comment, this includes the Municipality and any other interested and affected party. The Section 38 application will be set aside and the Section 27 process will be used as the correct process. Also please indicate in writing as soon as possible whether you retracting the Section 38 appeal as the Section 38 application will now be set aside.

Regards

Jonathan Windvogel

Heritage Western Cape                  

3rd Floor, Protea Assurance Building, Green Market Square, Cape Town 8001

Email:  jonathan.windvogel@westerncape.gov.za

Telephone: 021 483 9598

Website: http://www.hwc.org.za

 

From: Marnus Barnard <mcb1@telkomsa.net>
Sent: 12 November 2020 07:36 PM
To: Jonathan Windvogel <Jonathan.Windvogel@westerncape.gov.za>; rickety@imaginet.co.za
Cc: 'Johan Smit 2' <josmit@mweb.co.za>; 'Johan Smit 2' <josmit@mweb.co.za>; lizette@oudtmun.gov.za; vredelus@gmail.com; 'Ann Meiring' <ann.meiring@rawson.co.za>; gilbert@oudtmun.gov.za; perceptionplanning@gmail.com; carol@syce.co.za; 'Peter and Margaret Mouton' <jesspark@mweb.co.za>; etienne@wpplanning.co.za; ngderust@scwireless.co.za
Subject: RE: NOTICE OF APPEAL FOR SELFOON TORING - DE RUST

Dear Mr Windvogel

In order for us to make an informed decision on the possible retraction of our appeal, could you please furnish us with the following documents as soon as possible:

  1. The original application in terms of Section 38.
  2. The new application in terms of Section 27.

Once we have had insight into these documents, we will be able to respond regarding the appeal.

Regards

Marnus Barnard |Architect

Office: +27 44 241 2477 |Mobile: +27 82 373 6373
Skype: marnus.barnard1  |E-mail: mcb1@telkomsa.net

 

From: Jonathan Windvogel <Jonathan.Windvogel@westerncape.gov.za>
Sent: Thursday, 12 November 2020 14:44
To: rickety@imaginet.co.za; 'Marnus Barnard' <mcb1@telkomsa.net>
Cc: 'Johan Smit 2' <josmit@mweb.co.za>; 'Johan Smit 2' <josmit@mweb.co.za>; lizette@oudtmun.gov.za; vredelus@gmail.com; 'Ann Meiring' <ann.meiring@rawson.co.za>; gilbert@oudtmun.gov.za; perceptionplanning@gmail.com; carol@syce.co.za; 'Peter and Margaret Mouton' <jesspark@mweb.co.za>; etienne@wpplanning.co.za; ngderust@scwireless.co.za
Subject: RE: NOTICE OF APPEAL FOR SELFOON TORING - DE RUST

 

Good day

It’s made by Warren Petterson Planning on behalf of Willem Francois Du Plooy/ N. Fourie - NG Kerk De Rust

Regards

Jonathan Windvogel

Heritage Western Cape                  

3rd Floor, Protea Assurance Building, Green Market Square, Cape Town 8001

Email:  jonathan.windvogel@westerncape.gov.za

(Please contact me via email, as I attend meetings most times of the day)

Website: http://www.hwc.org.za

 

From: rickety@imaginet.co.za <rickety@imaginet.co.za>
Sent: Thursday, 12 November 2020 14:31
To: 'Jonathan Windvogel' <Jonathan.Windvogel@westerncape.gov.za>; 'Marnus Barnard' <mcb1@telkomsa.net>
Cc: 'Johan Smit 2' <josmit@mweb.co.za>; 'Johan Smit 2' <josmit@mweb.co.za>; 'lizette@oudtmun.gov.za' <lizette@oudtmun.gov.za>; 'vredelus@gmail.com' <vredelus@gmail.com>; 'Ann Meiring' <ann.meiring@rawson.co.za>; 'gilbert@oudtmun.gov.za' <gilbert@oudtmun.gov.za>; 'perceptionplanning@gmail.com' <perceptionplanning@gmail.com>; 'carol@syce.co.za' <carol@syce.co.za>; 'Peter and Margaret Mouton' <jesspark@mweb.co.za>; 'etienne@wpplanning.co.za' <etienne@wpplanning.co.za>; 'ngderust@scwireless.co.za' <ngderust@scwireless.co.za>
Subject: RE: NOTICE OF APPEAL FOR SELFOON TORING - DE RUST
Importance: High

 

Good day Jonathan

Thank you for your latest e-mail regarding the above.

Please note that you will be receiving an official letter from the Chair of the Joint Heritage Permit Committee in Oudtshoorn shortly confirming this issue.  We would also appreciate your confirmation of the identity and details of the applicant in the new Section 27 Application.  

Thanking you for your assistance.

Best regards

Alan Tonkin

De Rust Heritage

Mobile: 082 777 1519  

 

From: Jonathan Windvogel <Jonathan.Windvogel@westerncape.gov.za>
Sent: Tuesday, 10 November 2020 10:49
To: rickety@imaginet.co.za; ngderust@scwireless.co.za; etienne@wpplanning.co.za; Colette M Scheermeyer <Colette.Scheermeyer@westerncape.gov.za>
Cc: 'Marnus Barnard' <mcb1@telkomsa.net>; 'Johan Smit 2' <josmit@mweb.co.za>; 'Johan Smit 2' <josmit@mweb.co.za>; lizette@oudtmun.gov.za; vredelus@gmail.com; 'Ann Meiring' <ann.meiring@rawson.co.za>; gilbert@oudtmun.gov.za; perceptionplanning@gmail.com; carol@syce.co.za; 'Peter and Margaret Mouton' <jesspark@mweb.co.za>
Subject: RE: NOTICE OF APPEAL FOR SELFOON TORING - DE RUST

 

Good day

The applicant indicated that they would submit a Section 27 application this week. If the Section 27 application is submitted the previous application will be set aside. I will then inquire whether you (the appellant) would want to continue with the appeal process, which I don’t think would be necessary as the new Section 27 application would be in place. The appeal process will stay in place until such time as the Section 27 application is submitted, because if the process is not rectified by means a Section 27 application it can be remedied at the appeals meeting.

Regards

Jonathan Windvogel

Heritage Western Cape                  

3rd Floor, Protea Assurance Building, Green Market Square, Cape Town 8001

Email:  jonathan.windvogel@westerncape.gov.za

(Please contact me via email, as I attend meetings most times of the day)

Website: http://www.hwc.org.za

 

From: rickety@imaginet.co.za <rickety@imaginet.co.za>
Sent: Friday, 06 November 2020 10:13
To: 'Jonathan Windvogel' <Jonathan.Windvogel@westerncape.gov.za>; 'ngderust@scwireless.co.za' <ngderust@scwireless.co.za>; 'etienne@wpplanning.co.za' <etienne@wpplanning.co.za>; 'Colette.Scheermeyer@westerncape.gov.za' <Colette.Scheermeyer@westerncape.gov.za>
Cc: 'Marnus Barnard' <mcb1@telkomsa.net>; 'Johan Smit 2' <josmit@mweb.co.za>; 'Johan Smit 2' <josmit@mweb.co.za>; 'lizette@oudtmun.gov.za' <lizette@oudtmun.gov.za>; 'vredelus@gmail.com' <vredelus@gmail.com>; 'Ann Meiring' <ann.meiring@rawson.co.za>; 'gilbert@oudtmun.gov.za' <gilbert@oudtmun.gov.za>; 'perceptionplanning@gmail.com' <perceptionplanning@gmail.com>; 'carol@syce.co.za' <carol@syce.co.za>; 'Peter and Margaret Mouton' <jesspark@mweb.co.za>
Subject: RE: NOTICE OF APPEAL FOR SELFOON TORING - DE RUST
Importance: High

 

Good morning Jonathan

In response to your e-mail of yesterday evening I find it strange that in terms of Section 27 of the National Heritage Resources Act any appeal process is currently required in terms of the completely incorrect process previously followed by HWC in terms of Section 38 of the Act in this matter.  Once you were made aware of the error the Section 38 process should have been cancelled immediately.

Surely, now that the correct situation regarding the Provincial Status of the NG Kerk and Old Church Hall have been clarified the original process should be automatically superseded by a NEW PROCESS in terms of Section 27 of the Act?  Please also note that in terms of transparency on this matter all our related e-mail correspondence with HWC can be found on our website www.derustheritage.org.za under the separate Heritage Western Cape page on the drop-down Objections & Comments.

In conclusion, I believe that this basic error by Heritage Western Cape could have been avoided by having a Regional Heritage body on the ground in the Southern Cape with representatives from all the registered heritage bodies in the region.  This would have avoided the complete lack of knowledge displayed by HWC in this and other cases in the past.  At the very least there should have been direct communication with the De Rust Heritage Conservation Association in terms of the Act and also as a matter of courtesy.   

I look forward to your prompt response in this important matter.

Thank you

Alan Tonkin

De Rust Heritage Conservation Association

Mobile: 082 777 1519    

 

From: Jonathan Windvogel <Jonathan.Windvogel@westerncape.gov.za>
Sent: Thursday, 05 November 2020 20:03
To: ngderust@scwireless.co.za; etienne@wpplanning.co.za
Cc: 'Marnus Barnard' <mcb1@telkomsa.net>; 'Johan Smit 2' <josmit@mweb.co.za>; 'Johan Smit 2' <josmit@mweb.co.za>; lizette@oudtmun.gov.za; vredelus@gmail.com; 'Ann Meiring' <ann.meiring@rawson.co.za>; gilbert@oudtmun.gov.za; rickety@imaginet.co.za; perceptionplanning@gmail.com
Subject: NOTICE OF APPEAL FOR SELFOON TORING - DE RUST

Good day

Please find the attached notification.

Regards

Jonathan Windvogel

Heritage Western Cape                  

3rd Floor, Protea Assurance Building, Green Market Square, Cape Town 8001

Email:  jonathan.windvogel@westerncape.gov.za

(Please contact me via email, as I attend meetings most times of the day)

Website: http://www.hwc.org.za

 

Click here for the attachment: Appeals Notification.pdf

 ___________________

 

From: Marnus Barnard <mcb1@telkomsa.net>
Sent: Wednesday, 04 November 2020 20:08
To: rickety@imaginet.co.za; 'Johan Smit 2' <josmit@mweb.co.za>; 'Hazel Jonker' <hazel@opsa.co.za>; 'David Adderley' <handydave.dma@gmail.com>; 'Lizette Smit' <lizette@oudtmun.gov.za>
Cc: ngderust@scwireless.co.za; etienne@wpplanning.co.za; jaco@oudtmun.co.za; 'Gilbert Cairncross' <gilbert@oudtmun.gov.za>; natiedes@telkomsa.net; perceptionplanning@gmail.com; 'Carol Jeal' <carol@syce.co.za>; jesspark@mweb.co.za
Subject: FW: CELLPHONE MAST - DE RUST

 

Dear all

Please see the communication below received from Heritage Western Cape.

Section 27, for our purposes, is similar to Section 34, but specifically applicable to Provincial Heritage Sites.  It seems as if HWC were not aware of the status of the site, and therefore did not request an application in terms of Section 27, which they have now done.

The appeal of their earlier decision in terms of Section 38 remains a separate matter, which they still need to respond to.

I will keep you informed of any further developments.

Groete

Marnus Barnard |Argitek

Tel: +27 44 241 2477 |Sel: +27 82 373 6373
Skype: marnus.barnard1  |E-pos: mcb1@telkomsa.net

 

From: Jonathan Windvogel [mailto:Jonathan.Windvogel@westerncape.gov.za]
Sent: 02 November 2020 12:22 PM
To: Marnus Barnard <mcb1@telkomsa.net>
Subject: RE: CELLPHONE MAST - DE RUST

Good day

We received your appeal it was forwarded to our Legal Section. We have however requested the owner of the site to make a Section 27 application since the part of the site where the mast will be located forms part of the Provincial Heritage Site. Therefore should the owner submit the Section 27 application, all interested parties will be requested to comment on the application.

Regards

Jonathan Windvogel

Heritage Western Cape                  

3rd Floor, Protea Assurance Building, Green Market Square, Cape Town 8001

Email:  jonathan.windvogel@westerncape.gov.za

(Please contact me via email, as I attend meetings most times of the day)

Website: http://www.hwc.org.za

 

Click here for the attachment: SECTION 27.pdf

Click here for the attachment: Govt Gazette re Church National Monument status 9581-207.pdf

___________________

 

From: Marnus Barnard <mcb1@telkomsa.net>
Sent: Friday, 30 October 2020 07:58
To: jonathan.windvogel@westerncape.gov.za
Cc: ngderust@scwireless.co.za; etienne@wpplanning.co.za; jaco@oudtmun.co.za; natiedes@telkomsa.net; perceptionplanning@gmail.com; rickety@imaginet.co.za; 'Gilbert Cairncross' <gilbert@oudtmun.gov.za>; 'Johan Smit 2' <josmit@mweb.co.za>
Subject: CELLPHONE MAST - DE RUST

 

Dear Mr Windvogel 

In response to recent correspondence between yourself and Mr Alan Tonkin, it seems to me that the appeal documentation sent to you 28 September 2020 did not reach you.

I am not sure how this happened, but I suppose e-mail communication is not always 100% reliable.

Herewith the full set of documents.

Could you please confirm receipt, and advise of the way forward.

Regards

Marnus Barnard |Architect
on behalf of De Rust Heritage Association and Heritage Oudtshoorn Erfenis

 

Office: +27 44 241 2477 |Mobile: +27 82 373 6373
Skype: marnus.barnard1  |E-mail: mcb1@telkomsa.net

 

Click here for the attachment: Selfoon toring - De Rust.pdf 

 

___________________

From: Carol Jeal <carol@syce.co.za>
Sent: Thursday, 29 October 2020 12:33
To: 'Jonathan Windvogel' <Jonathan.Windvogel@westerncape.gov.za>; gilbert@oudtmun.gov.zarickety@imaginet.co.za
Cc: 'Penelope E Meyer' <Penelope.Meyer@westerncape.gov.za>; ceoheritage@westerncape.gov.zaPremier.Winde@westerncape.gov.za
Subject: RE: Mast Tower De Rust

 

Dear Mr Windvogel

Your email received on 28th October refers.

The mast is planned to be erected in the midst of several heritage properties, the most significant of which is the church and the parsonage, both of which have been declared National Monuments (SAHRA Identifier: 9/2/068/0016 Site ID: 28104).  Your email states that: “The church itself is not a Provincial Heritage Site“.  This is factually incorrect.  The church and the parsonage are both Provincial Heritage Sites and as such deserve your protection.

https://sahris.sahra.org.za/declaredsites

 

See picture of the plaque on the church wall and church hall below:

     
 Church Plaque    Parsonage

 

The following properties are in close proximity of the proposed mast: ERF’S 213 (c1904), 184 (c1901), 188 (c1901), 187, 616 (c1905), 210 (c1909), 209 (c1911), 208 (c1911), 214 (c1909), 215 (c1910) and 216 (c1909); all of which are historical properties. 

Click here for attached surveys:  De Rust erf diagrams - objection to proposed cellular tower.pdf      

Below please find photographs taken of the properties in very close proximity to the proposed mast – to allow a 25m tower with 3 storage units to be erected close to these properties cannot be justified.

 

 

 

 

 

 

 

 

There are approximately 38 heritage properties in in an area of 0,059km2 including the site of the proposed tower.  This is not the total amount of heritage properties in De Rust, merely those in close proximity to the proposed tower. This is a significant number of heritage properties in a relatively small area and as such deserve the protection of our Heritage Bodies, who are the custodians of our heritage. The heritage bodies of De Rust, Oudtshoorn and, especially, Heritage Western Cape have a duty of care towards this historical village where this industrial-like installation will certainly detract from the historical look and feel, and ultimately the historical significance of De Rust.  I applaud De Rust and Oudtshoorn heritage for fulfilling their obligation in taking care of the heritage of De Rust.

 

 

I do not believe that Heritage Western Cape can wash its hands of this development and pass the buck onto the Department of Environmental Affairs and Development Planning.  I own one of those 38 properties and am taking great care to keep it in its original condition as are many owners of property in De Rust in order for future generations to appreciate these buildings.  I expect Heritage Western Cape to safeguard villages like De Rust with vigor and protect our heritage as we are trying to do.

Kind Regards

Carol Jeal

___________________

 

From: Jonathan Windvogel <Jonathan.Windvogel@westerncape.gov.za>
Sent: Wednesday, 28 October 2020 14:24
To: gilbert@oudtmun.gov.zacarol@syce.co.zarickety@imaginet.co.za
Cc: Penelope E Meyer <Penelope.Meyer@westerncape.gov.za>
Subject: Mast Tower De Rust

 

Good day

From the documents received by Heritage Western Cape, it’s clear that the mast is on the same piece of property as the church. The mast is however located far away from the church and does not touch the church or any other heritage resource on the property. The church itself is not a Provincial Heritage Site and therefore it would be unlikely that the entire property would be a declared site.

Another issue is that the NID application was made in terms of Section 38(8) as well, which makes Heritage Western Cape a commenting authority and not the decision making authority. In this case the Department of Environmental Affairs and Development Planning will be the decision making authority as the development triggers listed activities in terms of the National Environmental Management Act.

 

 

Regards

Jonathan Windvogel

Heritage Western Cape,  3rd Floor, Protea Assurance Building, Green Market Square, Cape Town 8001

Email:  jonathan.windvogel@westerncape.gov.za

(Please contact me via email, as I attend meetings most times of the day)

Websitehttp://www.hwc.org.za

 ___________________

 

From: rickety@imaginet.co.za <rickety@imaginet.co.za>
Sent: Wednesday, 28 October 2020 16:02
To: 'Jonathan Windvogel' <Jonathan.Windvogel@westerncape.gov.za>; 'gilbert@oudtmun.gov.za' <gilbert@oudtmun.gov.za>; 'carol@syce.co.za' <carol@syce.co.za>
Cc: 'Penelope E Meyer' <Penelope.Meyer@westerncape.gov.za>; 'Marnus Barnard' <mcb1@telkomsa.net>; 'Johan Smit 2' <josmit@mweb.co.za>; 'vredelus@gmail.com' <vredelus@gmail.com>; 'Ann Meiring' <ann.meiring@rawson.co.za>
Subject: RE: Mast Tower De Rust
Importance: High

 

Good day Jonathan

I refer to your e-mail of today and it appears that at no stage have you referred to the detailed objection to the Mobile Tower lodged with HWC by the Joint Heritage Permit Committee in Oudtshoorn dated 28 September, 2020.  I have copied this objection to you under separate cover which also notes that the proposed tower location is in the center of many of the original houses erected in the immediate vicinity of the church around the early 1900’s.

I also would refer you to the original letter of approval from the CEO of Heritage Western Cape - Mxolisi Dlamuka, which was sent out prior to our objection and without any reference to the De Rust Heritage body or the Joint Heritage Permit Committee in Oudtshoorn.  Once again HWC seem incapable of fully understanding or undertaking the required provisions of the National Heritage Resources Act where local bodies are required to provide input prior to HWC becoming involved.  In the event that HWC decide to make all the decisions on a centralized basis why have local heritage bodies included in the National Heritage Resources Act?

I believe you are incorrect on the status of both the Church and Church Hall as these were previously both registered National Heritage structures. Please also note that there are other suitable sites for the proposed tower where services are also available and are situated in close proximity to the proposed site without infringing on the acknowledged heritage properties in the Village.  

I would suggest that you relook at the original detailed documentation regarding this application as the process appears to be seriously flawed and is open to a legal challenge in the courts if required.  In closing  I would appreciate a response acknowledging your receipt of this and the original objection plus a fresh look at this flawed process from the side of HWC.

Thank you

Alan Tonkin

De Rust Heritage Conservation Association

Mobile: 082 777 1519

___________________

 

Please click here for the initial correspondence in September 2020