Applicable legislation
38(4)
38(8)
Decision Date
Decision Status
Case Decision

Final Comment

As the NEMA EA application process has been concluded and the EA has been granted, SAHRA cannot impose additional conditions on the development. However, SAHRA advises the applicant to consider the following:

  • While the original farmhouse has been kept intact, the “old farm werf” no longer exists. More effort must be made to keep the resource in it's original context. There should be a consideration to reestablish the garden in place of the parking area near the farmhouse as an entry point to the building, as the farmhouse appears lost without it;
  • The new uncomplimentary building and parking is too close to the farmhouse and it is proposed to consolidate the parking to the new complex to provide more “breathing room” around the farmhouse;
  • The Karoo landscape is known to be sparse in relation to the built environment and double story buildings are not common occurrences, hence the bulk of the new build is insensitive to the Karoo vernacular and overall landscape, dominating the overall farm werf. Single storey buildings are more in keeping with the local vernacular, which should be considered;
  • The CMP is approved in principle by SAHRA, however, as the farmhouse and associated structures are protected in terms of section 34, the Northern Cape Provincial Heritage Resources Authority must provide final approval of the CMP;
  • The Klerefontein Farmhouse does not require formal protection in order for the site to be protected. The site by definition of section 34 of the NHRA enjoys general protection status. Additionally, declaration is a formal process whereby the local heritage authority would consider the nomination. However, no such local authority exists in the Northern Cape at present to process such nomination;
  • Section 34 permit applications must be applied for from the Northern Cape Provincial Heritage Resources Authority;
  • If any evidence of archaeological sites or remains (e.g. remnants of stone-made structures, indigenous ceramics, bones, stone artefacts, ostrich eggshell fragments, charcoal and ash concentrations), fossils or other categories of heritage resources are found during the proposed development, SAHRA DAU (Natasha Higgitt 021 202 8660 / [email protected]) must be alerted as per section 35(3) of the NHRA. Non-compliance with this section of the NHRA is an offense in terms of section 51(1)e of the NHRA and item 5 of the Schedule;
  • If unmarked human burials are uncovered, the SAHRA DAU (Natasha Higgitt 021 202 8660 / [email protected]), must be alerted immediately as per section 36(6) of the NHRA. Non-compliance with this section of the NHRA is an offense in terms of section 51(1)e of the NHRA and item 5 of the Schedule;
  • See section 51 of the NHRA regarding offences;
  • If heritage resources are uncovered during the course of the development, a professional archaeologist or palaeontologist, depending on the nature of the finds, must be contracted as soon as possible to inspect the heritage resource. If the newly discovered heritage resources prove to be of archaeological or palaeontological significance, a Phase 2 rescue operation may be required subject to permits issued by SAHRA.