KWAZULU-NATAL AMAFA (HERITAGE) AND RESEARCH INSTITUTE Welcome and - - PowerPoint PPT Presentation

KWAZULU-NATAL AMAFA (HERITAGE) AND RESEARCH INSTITUTE

“Welcome and thank you for coming”

MAKING SUBMISSIONS TO KZN PHRA : PROCESSES & PITFALLS

AMAFA/HERITAGE/ERFENIS KZN

The KZN AMAFA AND RESEARCH

INSTITUTE is a state entity established in terms of the KwaZulu-Natal Amafa & Research Act No 5 of 2018, run by a Council appointed by the MEC after a public nomination process.

It is the recognised PROVINCIAL

HERITAGE RESOURCES AUTHORITY (KZN PHRA) in terms of the National Heritage Resources Act (25/1999)

PROVINCIAL HERITAGE RESOURCES AUTHORITY

Private bodies such as the

Architectural Professional Institutes cannot form independent Heritage Authorities

Heritage resources are varied and

not restricted to buildings/structures

FUNCTIONS

 PROVINCIAL HERITAGE RESOURCES

AUTHORITIES MUST PROMOTE AND FACILITATE THE ADMINISTRATION AND MANAGEMENT OF HERITAGE RESOURCES IN THEIR PROVINCES WITHIN THE FRAMEWORK OF PROVINCIAL & NATIONAL POLICY AND PROGRAMMES

 THE INSTITUTE ALSO ADMINISTERS SEVERAL

HERITAGE SITES, CARRIES OUT RESEARCH, AND MAINTAINS RESOURCE COLLECTIONS AND MUSEUMS, and

 IT PROMOTES & ADMINISTERS COMPLIANCE

WITH LEGISLATION, INCLUDING THE GENERALLY PROTECTED HERITAGE RESOURCES

HOW IS THE BUILT HERITAGE PROTECTED IN THE KZN HERITAGE LEGISLATION?

SECTION 37: GENERAL PROTECTION OF ALL BUILDINGS OF 60+ YEARS OF AGE SECTIONS 44 & 45: HERITAGE AND PROVINCIAL HERITAGE LANDMARKS (GRADE II OF THE NHRA) SECTION 47: STATUES & MEMORIALS SECTION 48: LISTING IN THE HERITAGE REGISTER (GRADE III OF NHRA) SECTION 54: TOWN PLANNING CHANGES

ADDITIONAL PROTECTION IN THE NHRA SECTION 38 & KZN A&RA (41)

• Work on sites over 5000sqm;
• lineal developments over 300m; and
• bridges of over 50m
• Consolidations of 3 or more urban sites or

subdivisions or consolidation of sites that have previously been subdivided

 REQUIRE HERITAGE IMPACT ASSESSMENTS TO BE

CARRIED OUT FOR SUBMISSION TO THE HERITAGE AUTHORITY FOR COMMENT PRIOR TO PLANNING APPROVAL AND ENVIRONMENTAL APPROVAL BEING GIVEN.

 The HIA will be carried out if telecommunication

and electrical installations and anything else that 9triggers the EIA process where comment from the Heritage Authority is required

WHY WHEN HOW WHO PROCESSING OUTCOMES DISPUTES APPEALS

WHY MAKE APPLICATIONS

 APPLICATIONS MUST BE MADE FOR

PERMITS FOR ANY ALTERATION/ADDITION TO OR DEMOLITION OF STRUCTURES OVER 60 YEARS OF AGE (Section 37(1) - FORM A)

 ANY ALTERATION OR ADDITION TO A

LISTED (CATEGORY 3) OR PROTECTED (CATEGORY 1 & 2) REQUIRES A PERMIT . (Sections 44, 45, 46 & 47 - FORM H)

 DEVELOPMENTS LISTED IN SECTION 41-

FORM J

WHEN DO YOU NEED TO SUBMIT AN APPLICATION?

WHEN ALTERATIONS, ADDITIONS

OR DEMOLITION ARE PROPOSED

WHEN DEVELOPMENTS LISTED

IN SECTION 38 OF THE NHRA OR 41 OF THE KZN A&RIA ARE TRIGGERED OR IF THE NEMA IS TRIGGERED

DEFINITIONS CONTAINED IN THE HERITAGE LEGISLATION

“Alter” means any action affecting the structure, appearance or physical properties of a place or object whether by way of structural or other works, by painting, plastering or other decoration or by other means

“Development” means any

physical intervention, excavation or action, other than

those caused by natural forces, which may in any way result in a change in the

nature, appearance or physical nature of a

place or

influence its stability and future

well-being, including:

 (a) construction, alteration, demolition,

removal or change of use of a place or a structure on the place;

 (b) carrying out any works on or over or

under the place;

 (c) subdivision or consolidation of land

comprising a place, including the structures or airspace;

 (d) construction or putting up for display

signs or hoardings

 (e) any change to the natural or existing

condition or topography of land;

 (f) any removal or destruction of trees or

removal of vegetation or topsoil

WHEN?

 THERE ARE NO DEADLINES FOR

SUBMISSIONS

 AS EARLY AS POSSIBLE – GET INTO THE

QUEUE ASAP

 AT LEAST 90 DAYS BEFORE ANY WORK IS

ENVISAGED

 ALLOW FOR SIMILAR TIME FRAME FOR

PROCESSING THROUGH TOWN PLANNING AND DEVELOPMENT PLANNING

TIME DELAYS

THE TIME ALLOWED FOR PROCESSING IS

90 DAYS FROM THE DATE OF SUBMISSION OF ALL REQUIRED DOCUMENTS

OTHER PROVINCIAL HERITAGE

RESOURCE AUTHORITIES ALSO HAVE THE SAME TURNAROUND TIME WITH GREATER RESOURCES – 4-8 WEEKS IS AVERAGE.

THE ACTIONS OF APPLICANTS OR THEIR

AGENTS CONTRIBUTE TO THE DELAYS.

INSUFFICIENT RESOURCES

 THE BUILT ENVIRONMENT SECTION IS

STAFFED BY 3 PEOPLE:

 AN ADMIN CLERK – KHANYI ZONDI  A SENIOR PROFESSIONAL

TECHNOLOGIST

 AN ARCHITECTURAL HISTORIAN & HEAD

OF THE SECTION THIS IS NOT GOING TO CHANGE DESPITE CALLS FOR THE STAFF COMPLIMENT TO BE INCREASED

EXTERNAL REVIEWS

 THE BUILT ENVIRONMENT COMMITTEES

WERE DISSOLVED MID 2015

 STAFF NOMINATE APPLICATIONS FOR

EXTERNAL REVIEW

 REQUEST IS REVIEWED BY INTERNAL

REVIEW COMMITTEE

 EXTERNAL REVIEWERS ARE CONTACTED &

APPOINTED

 14 DAYS IS ALLOWED FOR THE REVIEW  THE COMMITTEES ARE DUE TO BE

REINSTATED

MINOR WORK MONDAYS!

 DOORS ARE OPENED ON MONDAYS FOR PROCESSING

APPLICATIONS WHILE THE BEARER WAITS

 MINOR WORK CAN BE CATEGORISED AS WORK ON OTHER

STRUCTURES ON THE SITE AND MINOR ALTERATIONS TO THE MAIN BUILDING

 APPLICATIONS MUST BE MADE IN FULL – REMEMBER THAT

THE POINT OF THE 60 YEAR PROTECTION IS TO ASSESS THE HERITAGE VALUE OF THE MAIN STRUCTURE ON SITE

 ALL MATERIAL MUST BE SUBMITTED IN HARD COPY  AT LEAST TWO COPIES OF THE PLANS MUST BE SUBMITTED  DEMOLITIONS ARE NOT GENERALLY DEALT WITH ON

MONDAYS

HOW

 GO TO www.heritagekzn.co.za and look under

“Permits” for the menu item “Download Application Forms”

 Choose Form A for work on structures over 60

years of age

 Form H for listed heritage resources or heritage

sites listed in the Heritage Register

 Form I for cases where work has started or

alternatively has been completed (unauthorised work)

 Form J for Developments

APPLICATIONS

Applications should be motivated as fully as possible and must meet the requirements set out in the guidelines. Photographs and technically correct drawings, showing clearly the existing building and the proposed alterations, and that have been coloured to specifications will add significantly to your application and will assist in getting it passed as quickly as possible. Make sure that a site plan WITH A NORTH POINT included.

FORM A: GUIDELINES FOR THE PREPARATION OF APPLICATIONS IN TERMS OF SECTION 37(1)(a) OF THE KWAZULU-NATAL AMAFA AND RESEARCH INSTITUTE ACT (5/2018,) FOR PERMITS TO DEMOLISH, ALTER OR ADD TO A STRUCTURE WHICH IS, OR WHICH MAY REASONABLY BE EXPECTED TO BE OLDER THAN 60 YEARS

Please detach from the form before submission APPLICATION FORMS All applications must be made

• n

the relevant

• fficial

application form and must be accompanied by the relevant supporting documentation. Form H must be used for buildings that are proclaimed Heritage Landmarks (previously National Monuments) and buildings listed in the Heritage Register. Form I must be used for approval of work undertaken on a building over 60 years of age at the time the work was started/completed prior to approval, irrespective

• f

who undertook the work.

DISCLAIMER

 IT IS AN OFFENCE IN TERMS OF THE HERITAGE LEGISLATION TO

MAKE ANY FALSE STATEMENT OR FAIL TO PROVIDE THE REQUIRED INFORMATION IN THIS APPLICATION.

 THE ONUS IS ON THE APPLICANT TO ENSURE THAT THE

APPLICATION CONFORMS TO REQUIREMENTS AS PER THE

• GUIDELINES. INCOMPLETE APPLICATIONS WILL NOT BE

PROCESSED.

 ALL APPLICATION FORMS, DEVELOPMENT

PROPOSALS/DRAWINGS, PHOTOGRAPHS, MOTIVATION, AND PROOF OF PAYMENT ARE TO BE DELIVERED TO: The KwaZulu- Natal Amafa and Research Institute, via email to beadmin@amafapmb.co.za

 APPLICANT’S CONSENT (see consent form at the end of this

document)

DECLARATION BY OWNER

 DECLARATION BY OWNER  I, (Insert full names of owner and/person authorized to sign on

behalf of a company/trust) undertake strictly to observe the terms conditions, restrictions, by- laws and directions under which the KZN Amafa and Research Institute may issue the permit to me.

 Signature:  Place:

Date:

• B. PROPERTY DESCRIPTION:

 Name of property (where applicable):  Cadastral Information (Erf/Lot/Farm No):  Street Address:  Local Municipality:  District Municipality:  Current zoning:  Present use:  Title Deed No:  GPS co-ordinates

• B. PROPERTY DESCRIPTION:

Name of property: Title Deed No. Erf/Lot/Farm No: GPS Co-ordinates: Street Address: Local Municipality District Municipality Current zoning Present use

SIGNIFICANCE STATEMENT – P2

• C. SIGNIFICANCE:

 ORIGINAL DATE OF CONSTRUCTION - The

• riginal date of construction is significant to

the evaluation of the conservation worthiness

• f the building.

 – ITS TAKEN FROM THE DATE OF THE ORIGINAL

PLANS APPROVAL, NOT THE DATE OF COMPLETION

 CHECK THE MUNICIPAL ARCHIVES FOR PREVIOUS

OR ORIGINAL PLANS

 ALTERNATIVELY CHECK THE UKZN LIBRARY

• HISTORICAL REPORT:

A brief history of the occupation of the site and phases of construction, as well as an assessment

• f historical significance is necessary. Do not

assume that there is no significance – proof of such a statement must be provided.

• ARCHITECTURAL REPORT:

An assessment of the condition of the building should be given. Provide an analysis of the styles and phases of construction of the building/s, including alterations and additions and a statement of its architectural significance.

• URBAN SETTING & ADJOINING PROPERTIES:

It is important to describe the urban context in which the building is situated (supported by photographs of the surrounding buildings).

CULTURAL SIGNIFICANCE

AESTHETIC /

ARCHITECTURAL

HISTORICAL SOCIAL / RELIGIOUS TECHNOLOGICAL /

SCIENTIFIC

TANGIBLE & INTANGIBLE HERITAGE

• TANGIBLE HERITAGE

CAN BE ANYTHING RELATED TO OUR PAST I.E. ANYTHING INHERITED FROM OUR ANCESTORS THAT WE CAN SEE AND TOUCH

• INTANGIBLE HERITAGE

IS THAT THAT HAS BEEN PASSED DOWN BUT THAT WE CANNOT SEE, TOUCH & FEEL

INTANGIBLE HERITAGE RESOURCES

 Cultural tradition  Oral history  Performance  Ritual  Popular memory  Skills and techniques  Indigenous knowledge systems  Holistic approaches to nature, society and

social relationships

Intangible Heritage and Living Heritage

 Shembe sites  Ritual sites  Rock art sites  Markets/gathering places

Criteria to value heritage resources and sites to establish the significance of the site - NHRA

 Its importance for a community, or pattern in SA’s history  Its possession of rare, uncommon or endangered aspects of SA’s

natural or cultural history

 Its potential to yield information about SA’s natural or cultural

history

 Its importance in exhibiting aesthetic characteristics important for a

community or cultural group

 Its importance in demonstrating a high degree of technical or

creative achievement at a particular period

 Its strong association with a particular community or group for

social, cultural or spiritual reasons

 Its strong association with a specific person, group or organisation  Sites significant for their link with slavery in SA

MOTIVATION & DETAIL – p3

CLEARLY MOTIVATE WHY

THE WORK IS NEEDED OR DESIRED

BRIEFLY LIST ALL THE WORK

THAT IS BEING PROPOSED

CONTACT DETAILS P 4

 CONTRACTOR (the person who will do the work)

 LEAVE OUT IF NOT APPOINTED

 ARCHITECT/ARCHITECTURAL

TECHNOLOGIST/DESIGNER

 REMEMBER TO INSERT THE DRAWING NUMBERS AS THEY

APPEAR ON THE DRAWINGS e.g. Dizzy Dezigns 2019-06-SK- 100, -101, -102, etc

 SACAP REGISTRATION NUMBER

 3.

OWNER OF PROPERTY (Owner or delegated person to sign on the front of this form)

 4.

DELEGATED AUTHORITY (The name of the person authorized to act on behalf of a company or institution – Power or Attorney/proof of authorization to be attached)

SUPPORTING DOCUMENTATION

A CHECK LIST IS PROVIDED ON

EACH FORM. MAKE SURE THAT YOUR APPLICATION COMPLIES!

SUPPORTING DOCUMENTATION

MUST BE FOLDED TO A4 SIZE

PLANS MUST BE A3 TO A0 SIZE

(VERY SMALL/LARGE PLANS ARE DIFFICULT TO HANDLE IN A COMMITTEE SITUATION)

• 1. *PHOTOGRAPHS OF EXISTING STRUCTURE/S AND

SURROUNDINGS: Submit post card size photographs that clearly illustrate the features

• f the buildings to be altered/demolished. Also submit photographs

showing all the elevations/sides and the building in its context (streetscape and surrounding buildings – adjacent and across the road, aerial view, etc.).

• 1. PLANS:

*Hard copy submission: two copies of the plans, coloured in accordance with the instructions below, must be submitted. One copy will be stamped and sent back to the architect/technologist/designer to submit to the Municipality. Plans should not be smaller than A3 size (210 x 297 mm) and should not be larger that A0 size (841 x 1 189 mm). Electronic submissions: submit one copy and an A4 print will be returned with the permit/approval. Colour plans as follows:

MATERIALS COLOUR all existing grey demolition dotted lines new masonry red new concrete green new iron or steel blue new painting & plastering yellow new wood brown

• ther

clearly indicated, using colours other than as above

2.1.

SITE PLAN The site plan must be drawn in accordance with the approved surveyor’s diagram of the site and must show: scale; the north point; the erf/property/farm number of the site; the location of the site and any structures on it in relation to surrounding roads, buildings and other features; existing buildings, structures, and pools on the site (coloured grey or uncoloured); proposed work (coloured red) and buildings or portions of buildings proposed for demolition (in dotted lines); and the extent of the declared area (in the case of a proclaimed property). An aerial view obtainable from “Google Earth” or the municipality is also very useful.

2.2. FLOOR PLANS, ELEVATIONS AND SECTIONS Sufficient plans, elevations and sections must be submitted to show the proposed work clearly. These drawings should be at 1:100, 1:50 or 1:20 scale, and must be fully dimensioned. The position of section lines must be indicated on the plan. The elevations should accurately reflect the effect of the proposal on the structure and its relationship to adjacent buildings.

2.3 SCALE PLAN OF EXISTING STRUCTURE(S) If it is impossible to distinguish the existing layout from the original plans submitted, a measured floor plan of the structure as it exists is required. It must be at the same scale and orientation as the plans of the proposed work to facilitate comparison. 2.4. DOOR AND WINDOW SCHEDULES AND DETAILS Proposals for changing or replacing doors or windows must include sufficient information about their size, proportion and detail. This may be in the form of manufacturer’s information (for stock windows and doors) or joinery details (for specials).

• 3. ORIGINAL/PREVIOUS DRAWINGS: submit if available.

PUBLIC PARTICIPATION

 G.

*Public Participation: the applicant will be notified of the level of public participation required and will have to bear the costs thereof. Neighbours, Ward Councillors, and Heritage Societies should be consulted in the case of demolition & development applications. Owners & residents of properties within 100m must be consulted for demolition applications. All documentation submitted is retained for record purposes and interested and affected parties may apply to view the documentation.

 The Institute will deal with Ward Councillors and

• ther registered heritage bodies, concerned

citizens groups, etc.

DEMOLITION APPLICATIONS

 THESE APPLICATIONS ARE NOT THAT DIFFERENT FROM

ALTERATIONS APPLICATIONS

 CONTEXTUAL PHOTOGRAPHS ARE VERY IMPORTANT  INTERNAL PHOTOGRAPHS SHOULD BE INCLUDED WHERE

CLAIMS ARE MADE THAT THE BUILDING IS NO LONGER HABITABLE OR IS UNECONOMICAL TO REPAIR

 A CONCEPT FOR THE REPLACEMENT BUILDING/S MUST BE

SUBMITTED - IN CASES OF HIGHLY SENSITIVE AREAS A FULL SET OF DRAWINGS MAY BE REQUIRED.

 THE SITE PLAN MUST SHOW THE BUILDING/S TO BE

DEMOLISHED IN DOTTED LINES AND THE NEW FOOTPRINT SUPERIMPOSED THEREON

 SUBMIT ANY OTHER REPORTS (ENGINEER’S, PEST CONTROL,

ETC.) THAT MAY SUPPORT THE MOTIVATION FOR DEMOLITION

APPLICATIONS FOR HERITAGE LANDMARKS AND LISTED BUILDINGS

THESE APPLICATIONS MUST BE MADE

ON FORM H AND MUST BE ACCOMPANIED BY A CONDITION REPORT AND ORIGINAL AND PREVIOUS PLANS

FULL SPECIFICATIONS FOR THE WORK

WILL BE REQUIRED

SIGNIFICANCE STATEMENT – FORM H

• C. SIGNIFICANCE:
• 1. Status of the Site:
• 2. Historical/Military Significance:
• 3. Architectural Significance:
• 4. Archaeological Significance:
• 5. Palaeontological Significance:

FORM I – ILLEGAL WORK

 Form I must be used for approval of work undertaken on a

building over 60 years of age at the time the work was started/completed prior to approval, irrespective of who undertook the work.

 APPLICATION IN TERMS OF THE KWAZULU-NATAL AMAFA

AND RESEARCH INSTITUTE ACT (5/2018) FOR THE CONDONATION/ APPROVAL/RECTIFICATION OF THE UNLAWFUL COMMENCEMENT OR CONTINUATION OF WORK ON, OR DAMAGE TO, HERITAGE RESOURCES PROTECTED IN TERMS OF CHAPTERS 8 & 9 (sections 37 to 50, including both generally and specially protected heritage resources).

 THIS FORM CARRIES A FEE OF R4000.00. FINES MAY BE

LEVIED OVER AND ABOVE THE SUBMISSION FEE.

 THERE IS NO OBLIGATION ON THE INSTITUTE TO CONDONE

THE WORK UNDERTAKEN.

PLEASE NOTE: INCOMPLETE APPLICATIONS WILL NOT BE

• PROCESSED. Processing can take up to

90 days from the receipt of all required documentation

CHECK LIST

 APPLICATION FORM (correct form completed? all property details

to be supplied, all fields completed, including owner details –

• wner is legal applicant)

 MOTIVATION (Significance report, motivation as to why that

particular resolution has been opted for as well as detail of the work to be carried out)

 PHOTOGRAPHS (all four sides of all buildings on site and contextual

photographs of buildings/properties either side and across the road)

 ORIGINAL/PREVIOUS PLANS  2X COLOURED, NUMBERED, SIGNED PLANS (one copy if submitted

electronically, owner’s consent required)

 SACAP REGISTRATION CERTIFICATE  SUBMISSION FEE

EVALUATION OF APPLICATIONS

THE COMMITTEES EVALUATE APPLICATIONS IN TERMS OF INTERNATIONALLY ACCEPTED CONSERVATION PRINCIPLES, TAKEN FOR THE MOST PART FROM THE BURRA CHARTER BUT PREVIOUS CHARTERS SUCH AS THE VENICE CHARTER AND LATER ICOMOS DOCUMENTS ALSO HAVE RELEVANCE.

CONSERVATION PRINCIPLES USED IN KWAZULU-NATAL

It is better to maintain and preserve

than to conserve,

It is better to conserve than to

restore,

It is better to restore than to

reconstruct and

It is better to reconstruct than to

demolish

CRITERIA FOR APPROVAL OF APPLICATIONS:

The committees look at details as well as

• verall principles. The committees are

likely to approve applications

that are sensitive to the conservation

• f the built environment,

that involve the least intervention

possible and the most necessary to sustain the continued use of the building

QUESTIONS COMMITTEES ASK INCLUDE:

• 1. Is the proposed intervention reversible

i.e. could the building be easily restored should a future owner so desire?

• 2. Does the proposed intervention affect the

visual appearance of the building, particularly the street front?

• 3. Is the proposed intervention sympathetic

to the original yet not mimicking it?

• 4. Is the proposal justified in terms of need,

desirability and hardship of the applicant as opposed to the loss to architectural conservation?

Out of form are:

 Alterations to roofs: the roof is the cap

• f the building and often visually
• ccupies as much as a third of the total
• building. As such it is an important

design element.

 Enclosure of Verandas, particularly of

the Natal Veranda house. (Enclosures of large glass sheets to the columned porticos of the City Hall, the Post Office and the Parliament in Pietermaritzburg have been allowed as these have minimum impact on the visual appearance of the buildings.)

VERANDAS/PORTICOS

ENCLOSURES ARE CONSIDERED AN

ALTERATION AND APPLICATIONS MUST BE MADE TO AMAFA.

BUTT JOINTED GLASS SET BEHIND

THE PILLARS IS PREFERRED

NO FRAMING SHOULD BE VISIBLE BURGLAR GUARDING SHOULD BE

SIMPLE AND PAINTED DARK

 Replacement of wooden veranda posts with

brick/pre-cast concrete columns.

 Plastering/Painting of stone or face brick,

particularly the traditional salmon pink

• brick. (If moisture is sealed into the walls,

the surface finish is likely to crack or flake.)

 The replacement of lime plaster with

cement plaster. (Cement is not as compatible as lime with materials such as the softer clay bricks and stone and can also trap moisture into the walls resulting in cracking, bowing of the walls, etc.)

 Replacement of windows and doors with

those that do not match the existing in proportion and materials e.g. steel/aluminium casements to replace wooden sliding sashes or sliding doors to replace French doors. Such alterations require changes to the openings that affect the visual appearance of the building.

 Partial replacement of timber floors with

concrete slabs on fill that would affect under-floor ventilation, blocking of air vents under timber floors, the removal of encaustic/traditional ceramic tiles and their replacement with modern ceramic/Italian tiles, etc.

 The use of unconventional and un-tested

products that can cause damage to sensitive material if not properly tested under all conditions over the long term.

 The inappropriate and over-use of mock-

heritage products. e.g.“Broekie Lace” is not appropriate to a Union period (1910 – 1960) building.

 Over restoration: the least intervention is

the most desirable. Historicism is to be avoided.

ADAPTATION:

MAY REQUIRE ALTERATIONS TO THE BUILDING

Adaptation must be limited to the essentials i.e. utilities, etc. and should have minimal impact and involve minimal change

• The incorporation of utilities must be

sympathetic to the original structure

• Security installations must be as

inconspicuous as possible

• Additions must not distort, obscure or

detract from the appreciation of the

• riginal
• Verandas should not be enclosed

NEW WORK

 New work must be readily identifiable  New work must be obvious as such and links

from new work to original fabric must also be obvious

 New work should be sympathetic to the

• riginal/ existing in design, materials and

techniques, without mimicking the original - historicism is to be avoided

 The layers of the history of the place need to

be appreciated and should not concentrate

• nly on one era

RESPONSES & PERMITS

RESPONSES – REFERRALS OR

PERMITS/ APPROVAL LETTERS ARE ISSUED IN WRITING

REFERRALS ARE NOT BE DISCUSSED

OVER THE PHONE OR VIA EMAIL

RESPONSES TO REFERRALS MUST BE

SUBMITTED IN WRITING VIA FAX, POST , OR EMAIL

PERMITS ARE CONDITIONAL

 ALL PERMITS ARE CONDITIONAL  CLIENTS MUST BE MADE AWARE OF THE

CONDITIONS ATTACHED

 WORK MUST BE CARRIED OUT BY COMPETENT

CONTRACTORS STRICTLY IN ACCORDANCE WITH THE APPROVED PLANS

 ANY DEVIATION MUST HAVE PRIOR APPROVAL

BEFORE WORK IS CARRIED OUT

 SALVAGEABLE MATERIAL REMOVED IN TERMS

OF THE APPROVED PLANS CAN BE CLAIMED BY AMAFA AND MUST BE DELIVERED TO THE MATERIALS BANK IN PIETERMARITZBURG AT THE OWNER’S COST

RESPONSES – ISSUES RAISED BY SAIA-KZN

 RESPONSES SENT VIA EMAIL  DISCUSSION OF REFERRALS: staff not equipped

to answer the question

 REFERRALS ARE NOT EXPLAINED  THERE IS NO REFERENCE DOCUMENT TO REFER

TO

 APPLICATIONS ARE REFERRED AS INCOMPLETE

BUT THERE IS NO CLEAR GUIDELINE TO SUBMISSIONS

 LISTS ON THE WEBSITE

APPEALS/REVIEWS OF DECISIONS

 The first response must be back to the

relevant committee

 Personal presentations can be made if

they can be accommodated into a scheduled meeting. If not, R4000.00 will be charged for a special site meeting or presentation

 The Amafa Council can be asked to review

the application if it is felt that the deciding committee did not take all factors into account

APPEALS TO THE MEC

 In this Province the MEC is the Premier  As with all appeals notice of intention

to appeal must be lodged within 30 days of the decision notice

 Grounds for appeal must be clearly set

• ut

 No new information may be presented  Amafa must be notified of the intention

to appeal and the grounds therefore

CONSERVATION ISSUES

 THERE ARE NO GUIDELINES TO THE

PRESERVATION OF THE BUILT ENVIRONMENT

 There are a number of resources on

preservation and about 10 international charters that say much the same thing

 Amafa has its own interpretation of the

legislation and list of do’s & don’ts.

SUGGESTIONS

 Revert to Sahris  Revise the checklist for submissions  KZNIA to appoint a rotating “jury” with

a clear set of criteria by which to review the applications for buildings

• ver 60 years of age; and a “Heritage

Officer” to assist applicants with heritage assessments

 Put pressure on the City to take over

the applications for 60 year old buildings

FAQ’S

 If the main building is over 60 years of

age and is not being affected why must we submit an application?

 Who makes the application if the

buyer wants a permit prior to finalising the sale?

 How is the age of a building

determined

 Can exemption from obtaining a

permit be granted and how is that done?

DEVIATIONS

 SIX MONTHS IS ALLOWED FOR

SUBMISSION OF SUBSTITUTION PLANS ON THE SAME APPLICATION, OTHERWISE A NEW APPLICATION IS REQUIRED

 IF THE DEVIATION OCCURS DURING

CONSTRUCTION AND IS NOT PRE- AUTHORISED THEN A RECTIFICATION APPLICATION MUST BE MADE – FORM I – illegal work

REGISTERING WITH AMAFA

 National legislation requires that permits

• nly be given for work that will be

supervised by competent professionals

 Those with the required skills will go on

to an advertised list and will get work as a result

 Those without the necessary skills will

be limited to work within their capabilities

 Amafa does not accredit. Professional

bodies must do that

SECTION 38 OF THE NATIONAL HERITAGE RESOURCES ACT (25/1999) incorporated into the KZN A&RIA s41

 SECTION 38 of the NHRA triggers a

Heritage Impact Assessment for all developments over

5000m2, Change of use of sites larger than

10 000m2

lineal developments of over 300m,

bridges over 50m in length, and

consolidations or sub-divisions involving 3 or more erven/lots.

LINK WITH EIA’S

Section 41(8) exempts the applicant from making a separate submission to the Institute if the development is triggering NEMA requirements as a heritage impact assessment is required for the EIA process

SECTION 41(8)

This means that the Provincial Heritage Authority must be consulted regarding utility installations such as electrical and telecommunications infrastructure, developments within 32m of the median of a stream, etc.

PLACE” includes:- (a) a site, area or region; (b) a building or other structure which may include equipment, furniture, fittings and articles associated with

• r connected with such building or other structure;

(c) a group of buildings or other structures which may include equipment, furniture, fittings and articles associated with or connected with such group of buildings

• r other structures;

(d) an open space, including a public square, street or park; and (e) in relation to the management of a place, includes the immediate surroundings of a place

“site’’ means any area of land, including land covered by water, and including any structures or objects thereon; ‘‘land’’ includes land covered by water and the air space above the land

THE HERITAGE IMPACT ASSESSMENT

 Must identify and map all heritage

resources in the affected area

 Assess the significance of the identified

resources

 Evaluate the impact of the development

• n the heritage resources relative to the

sustainable social and economic benefits to be derived from the development

THE HERITAGE IMPACT ASSESSMENT

 Provide results of public consultation with

interested and affected parties

 Recommend alternatives or mitigation

where heritage resources will be directly affected

 Provide plans for mitigation of any adverse

effects on the heritage resources during the development and/or after completion

• f the development

HERITAGE IMPACT ASSESSORS OR CULTURAL RESOURCE MANAGEMENT PRACTITIONERS

 Traditionally these are professionals with a

background in archaeology and anthropology

 Practitioners must meet the basic norms

and standards set down in the various disciplines before taking on this work

HERITAGE IMPACT ASSESSORS OR CULTURAL RESOURCE MANAGEMENT PRACTITIONERS – PHASE II

 Specialist assessments may be called for

in a more in depth assessment if recommended by the generalist who did the initial assessment

 That could include the specialties of the

various archaeology fields, palaeontology, history, and architectural history

WHAT ARE WE LOOKING FOR?

BURIAL SITES

CULTURAL AND SPIRITUAL SITES

RUINS

ARCHAEOLOGICAL SCATTERS AND ROCK ART

FOSSILS AND PALEAONTOLOGICAL MATERIAL

THE ASSESSMENT

DESKTOP SURVEY SITE INSPECTION



SEARCH FOR ANY INFORMATION ON THE SITE



PREVIOUS SURVEYS/ASSESSMENTS



EXCAVATION DATA FOR ARCHAEOLOGICAL SITES



HISTORICAL INFORMATION, INCLUDING PREVIOUS OWNERS AND OCCUPIERS OF THE LAND

CULTURAL SIGNIFICANCE

AESTHETIC / ARCHITECTURAL HISTORICAL SOCIAL / RELIGIOUS TECHNOLOGICAL / SCIENTIFIC

CONCLUSIONS AND RECOMMENDATIONS

 THE ASSESSOR WILL RATE EACH OF THE

HERITAGE RESOURCES FOUND AS HAVING LOW MEDIUM OR HIGH HERITAGE VALUE

 THOSE RATED HIGHLY SIGNIFICANT WILL BE

ACCOMPANIED BY RECOMMENDATIONS FOR THEIR PROTECTION INCLUDING BUFFER ZONES AND MANAGEMENT RECOMMENDATIONS

THE APPLICATION PROCESS

 Applications must be submitted through the sahris

system run by the South African Heritage Resources

• Authority. Hard copies must also be sent to the Pmb
• ffice

 Form J – obtainable from the Amafa website

www.heritagekzn.co.za must accompany the application

 The owner is the applicant, the heritage practitioner is

the consultant

 Application fees are R800,00, subject to increase on

the 1 April 2020

 Although receipt should be acknowledged within 14

days, allow 90 days for the full assessment of the report

EVALUATION OF THE REPORTS

 Initial evaluation is done by the staff using

various databases to corroborate statements made in the HIAs

 If the assessor has issues with a report those

will be discussed with other staff members

 If necessary the report will be sent for

external review

 If any national sites will be affected then

SAHRA must be consulted for comment

OUTCOME

 A letter declaring no objection to the development  Limitations and conditions may be imposed  The general protections that are applied  Any formal protections that will result – buffer zones

around resources, etc as well as intention to formally protect the resources as Grade II or III heritage sites

 Mitigations required where resources will be directly

impacted

 The appointment of specialists to monitor the

development

 OR a final decision will be issued against the

development proceeding and setting out reasons for such a decision

IMPACT OF DECISIONS ON THE DEVELOPMENT

 Mitigations could include the imposition of buffer

zones around a resource – could impact on the amount

• f units that can be accommodated on the site

 Maintenance of the resource becomes the

responsibility of the owner

 Rehabilitation of the resource could be required  Additional costs for the rehabilitation, security, and

monitoring of the resource during development could have a negative impact on the development potential, particularly of smaller sites.

 Time frames for the development could be impacted

• n

APPEALS AGAINST THE DECISION

 Appeals can be lodged by Interested and Affected

Parties if the decision is in favour of the development or by the applicant if a negative response has been issued

 The first step would be to ask the Heritage Authority to

review the decision – the cost for which is R4000 – R7000

 If that fails, a formal appeal could be lodged with the

MEC (currently the Premier)

 The intention to lodge the appeal must be forwarded to

the MEC’s office and to Amafa within 30 days of the issue of the final decision and the grounds for the appeal must be lodged within 30 days of lodging the appeal notice.

CONTACT DETAILS

195 LANGALIBALELE STREET BOX 2685 PIETERMARITZBURG 3200 TEL: 033-394 6543 FAX: 033-394 6552 Email beadmin@amafapmb.co.za :built.enviro@amafapmb.co.za

WEBSITE: www.heritagekzn.co.za SAHRIS www.sahra.org.za

THANK YOU

WE HOPE YOU HAVE BENEFITTED FROM THE PRESENTATION