Umkomaas property owners shocked by D’MOSS land restriction

Craigieburn-based eThekwini Municipality official and community activist, Abraar (Abby) Ramjan, recently addressed property owners at a well-attended meeting held at the Craigieburn community hall, on the restrictions imposed by the designation of a Durban Metropolitan Open Space Sytem. Using GIS aerial photography projected onto a screen, Abby explained to the audience that large tracts of land in Umkomaas now fall under the environmental designation of D’MOSS.

The implication of this is that no further development may take place on the 82 affected properties. Some affected property owners had heard by chance of the restrictions and the local office had advised them of the consequences. Property owners complained that in this so-called era of transparency, no consultation had been held with them.

They expressed their indignation and called into question the municipality’ s D’MOSS declaration. Abby explained that an appeal could be lodged and that the closing date for appeals was May 15, hence the urgency of the meeting. Investigations have revealed that the Durban Metropolitan Open Space System, which currently covers 94 000 hectares in extent, is a spatial layer of interconnecting open spaces under public, private and traditional authority ownership, that seeks to protect the biodiversity and associated ecosystems of Durban, for future generations.

Examples of areas included in D’MOSS are nature reserves (e.g. Paradise Valley, Burman Bush and the Kenneth Stainbank Reserve in Durban), large rural landscapes in the upper catchment areas, and riverine and coastal corridors.

D’MOSS is mapped by the Biodiversity Planning Branch of the Environmental Planning and Climate Protection Department in consultation with relevant experts. From a natural resource perspective, D’MOSS includes approximately 2 400 ha of estuarine environment, including sand and mud banks, mangrove and swamp forests, 14 000 ha of dune, coastal and scarp forests, 7 500 ha of wetlands, floodplains, swamp forests and reed beds, 3 000 ha of grassland (including the threatened KZN Sandstone Sourveld Grasslands) and 40 000 ha of dry valley thicket. D’MOSS thus provides a unique opportunity to conserve many of South Africa’s threatened ecosystems and species including the critically endangered Brachystelma natalense (a small herbaceous plant) and the endangered Oribi, Spotted Ground Thrush, and Pickersgill’s Reed Frog. If properly protected and managed, D’MOSS will assist the province and the country in meeting their biodiversity conservation targets.

Apart from these biodiversity conservation targets, D’MOSS provides a range of services to all residents of Durban, including soil erosion control, water supply and regulation, climate regulation, cultural and recreational opportunities, raw materials for crafts and building, food production, nutrient cycling and waste treatment. From a climate regulation perspective, the biodiversity that is protected within D’MOSS plays an important role.

For example, the impact of the rise in sea levels can be reduced by ensuring the protection of well-vegetated fore-dunes and by preventing coastal developments in vulnerable areas. Increased flood events can be moderated by ensuring that wetlands and floodplains are protected and, where necessary, rehabilitated. Predicted increased temperatures can also be alleviated as vegetated areas assist with cooling.

D’MOSS plays a substantial role in climate change mitigation. Research undertaken in 2006 found that D’MOSS stores the equivalent of 24.76 million tons of carbon dioxide. In addition, it was conservatively calculated that it sequesters between 31 000 and 36 000 tons of carbon dioxide per annum. Wetlands and forest ecosystems store the most carbon, while disturbed woodlands and alien thickets store the least.

The more degraded D’MOSS areas offer restoration opportunities using poverty alleviation projects, and by providing benefits to biodiversity, people and the climate. Property owners concerned about the impact of the D’MOSS designation impact have been advised as follows: D’MOSS is a controlled area wherein, despite the underlying zoning, development may not occur without having first obtained the necessary environmental authorisation or support from the Environmental Planning & Climate Protection Department of the eThekwini Municipality.

The Environmental Planning & Climate Protection Department, through its Biodiversity Impact Assessment Branch, assesses all development applications forwarded to it by other departments. These are applications that fall either within or adjacent to the D’MOSS areas and include building plans, special consent applications, rezoning applications, subdivision/township applications or site development plans for multi-unit developments.

No person shall, within a D’MOSS-controlled area, develop any land, or excavate or level any site, or remove any natural vegetation from, or erect any structure of any nature whatsoever, dump on or in or carry out any work upon such site, without having first obtained the prior approval of the council. D’MOSS areas will not, as a matter of course, be defined by non-user conservation servitudes nor otherwise entrenched into the respective title deeds. Such a requirement could however be requested as part of the conditions of approval in terms of a development plan submitted to the council, for example.

Such development approval may also require the management of the area in terms of an approved environmental management plan. In normal circumstances, D’MOSS designated areas are not automatically subjected to a rates rebate, although D’MOSS may impact on property values and the rates payable. In order to obtain a rates rebate it will be necessary to apply for an Environmental Certificate in terms of Section 7.15 of the eThekwini Municipality Rates Policy.

The D’MOSS property will not be expropriated by Council nor will it take ownership of the property but it can restrict what may be done on the land.

There will be no financial compensation paid. However, if it so happens that a development application is lodged and at the end of the assessment process it emerges that no development is possible on the land that is otherwise zoned for residential purposes, for example, compensation will be paid at market value after taking into account other development limitations.

D’MOSS properties are required to continue to be managed by the landowner. However, the Council is developing extension and stewardship functions and through these functions, it aims to provide some limited assistance to landowners.

Abby was questioned on the timing of the meeting before the election and its possible political connotations. His responses were tactful and informative and the general consensus was that the property owners were appreciative of the initiative taken by him. Abby indicated that he would invite D’MOSS officials to the next meeting.