MISTY CLIFFS VILLAGE ASSOCIATION NEWSLETTER - July 2005
Editor: Tim Anderson

THRILLS FOR ALL
BY the time you read this the upgraded mountainside road will be functionally complete and keen skate-boarders and roller-bladers will be free to enjoy a remarkably exciting and noisy ride along and down the upper stretches of Old Camp Road. If enough interest is shown we will consider provision of a take-off ramp at the north terminal so that participants unskilled in decelerating may fly over the main road and splash down in the sea. Of course, should they not fly far enough the splash would have a different meaning.

FLAMING HOT PROSPECTS
We have been seriously warned by Big Brother that our alien vegetation situation has caught his Official Eye and consequently we could all soon be in expensive trouble. However, we are hoping to forestall this official wrath by putting together an economical plot-clearing package deal on behalf of all Misty owners.

Most of you will know that some plots, both built-on and vacant, are densely over-run with alien vegetation. Other plots are pretty well clear and the remainder are variously in-between. The recent prodigious rain, although very welcome, unfortunately is also good news for alien growth and germination. If we are to minimise the annoyance of a Total Onslaught by red tape from several bureaucracies then we need to be proactive.

Some background information: There are two consequences of invasive alien infestation: Firstly, it contributes heavily to the natural fuel load and therefore intensifies the fire hazard. Alien trees, Rooikrans in particular (as braai fanatics well know), burn long and very hot. Also, Rooikrans seeds are magnets for baboons. In contrast, natural fynbos burns out rapidly and leaves the natural seed and bulb bank in the soil sufficiently unscathed to allow and promote germination and new growth. Occasional fynbos fires are useful because they burn off the excessive undergrowth which otherwise progressively smothers the fynbos and stifles re-growth.

Secondly, alien vegetation eventually over-runs and supersedes the natural vegetation. It also consumes huge quantities of ground water compared with the requirements of natural fynbos. Where there are buildings, burning aliens are a massive threat and insurance companies may refuse cover and are entitled to repudiate claims (and actually have) if adequate clearing has not been carried out. If fire on your property is considered to have caused or aggravated damage to a neighbouring building then the affected owner or his insurer is fully entitled to sue you.

At local government level (viz, SPA) City Parks has general oversight of this matter and may spontaneously or by request (from anyone) inspect any property and may issue a "Suppression of Nuisance Notice" compelling the owner to clear the infestation by a certain date. If the owner fails to comply then City Parks will arrange for clearance and the cost will be recovered via the property owner's rates account. This duty will soon be passing directly to the Fire Department, but from the owners' perspective the process will effectively remain unchanged. (Note: we know that some owners are relying on the 15 m fire belt around our area which serves only as a fire control line. Unfortunately, in a fire driven by an average summer south-easter a 15 m fire belt provides little protection.)

Alternatively, or in addition, at Provincial government level the Department of Agriculture can make a similar inspection and issue a "Weed Control Notice" in terms of the Conservation of Agricultural Resources Act. The Department is not primarily concerned with fire hazard but with "weeds" under three categories which in lay terms amount to aliens which run amuck, such as Port Jackson and Rooikrans, aliens under control or not particularly invasive, such as Manatoka, and aliens which are non-seeding, such as some popular garden plants.

Your committee is presently carrying out a survey of all properties in Misty Cliffs (as was first done about two years ago). This will be circulated to all owners and also to independent contractors who will quote on a package deal to clear, chip and remove all alien vegetation on all affected plots. Everyone would pay the same, thereby eliminating futile disputes about the extent of infestation, but the average figure per owner should work out far cheaper than the total of individual plot clearances, and certainly less than the SPA would charge. The package deal would need prior authority and pre-payment from every owner. Any owner not giving authority or not paying would be referred to the SPA. (Note that the SPA does not need the owner's permission to enter his ground, clear the alien vegetation and levy the charge).

Some owners did a good clearing job two years ago, but the bad news is that alien clearance is an annual task, although the maintenance work of clearing new seedlings and re-growth is easy and relatively inexpensive. Maintenance should include use of appropriate herbicides to control re-growth BUT - (herbicides should never be applied by untrained labour!

Our next communication will be the survey, but you are most welcome to comment in the meantime.

PAID "STAFF"
Our December 2004 newsletter announced the appointment of an "AA", architectural advisor (a qualified professional architect familiar with our area), and an "ECO", environmental conservation officer. Both positions have written job descriptions and are made on an honorarium basis. No objections or reservations were expressed by members either as a result of the newsletter or when the appointments were retrospectively formalized at the recent A.G.M. However, a subsequent minority view disapproved of the principle of "paid positions".

We thought therefore we should repeat the essentials of these job descriptions so as to indicate their scope and the time likely to be required of the appointees and the extent to which they would be out of pocket if their services were free. It may be relevant to reflect that the Clerk of Works has run up 25 000 km of extra travelling on account of the road building project. We firmly believe it would be unreasonable to expect proper attention to these responsibilities if they carried no reimbursive element.

Broadly expressed, the AA will scrutinize sketch plans and building plans in consultation with the owners' architects and as preludes to formal submissions to the Local Authority. If the ECO requests it, the AA will visit building work in progress whenever there appear to be deviations from plan, including rider plans. The system has been designed to ensure that owners'/architects' needs are promptly met and professionally dealt with. Gerrie van Tonder has been appointed to this position; he has designed several houses in Misty Cliffs and Scarborough.

The ECO is charged with making sufficiently frequent inspections of the entire Misty Cliffs area to check on alien flora, tidiness of building sites, condition of road, paths, notices and firebreaks, incidence of baboon problems, etc. In some instances photographic records will be kept. Where necessary for the general good, authority will be obtained from City Parks or the Fire Department to clear alien flora infestations and recover the cost from the owner(s). The ECO will ensure payment of the road/environment damage deposit which remains as a prerequisite to building commencement. The ECO will also monitor building work and if necessary draw the AA's attention to apparent deviations from plan. Tim Anderson has been appointed to this position; he is a mechanical engineer and has been acting as Clerk of Works during the Old Camp Road upgrade contracts.

OLD CAMP ROAD PHASE 2
This whole road upgrade project has taken twice as long as originally expected but it's now essentially complete but for a fair amount of tidying up and restoration work. The unremittingly rocky ground, steep slopes, restricted site, impatient residents, and continual obstruction from simultaneous building projects made the contract exceedingly difficult. As you know the Phase 1 contractor was so disillusioned that he pulled out of attempting Phase 2 which looked (and was) even more intimidating. His Phase 1 site manager, Jamal Lodewicks, operating as Sundown Construction, then offered to take on Phase 2 - a brave and daring challenge for a very small outfit lacking capital. We have nothing but praise for Mr Lodewicks who remained cheerful and uncomplaining in the face of many serious difficulties and setbacks.

Now and again there are unexpected incidents causing delays ……

We are not quite at the final account stage but it looks like we'll just squeak home within budget provided that the remaining outstanding financial contribution pledges are received. It's almost unheard of for a construction project to make budget, the more so when the extraordinary conditions which prevail at Misty Cliffs are encountered. We have done incredibly well but the shortfall remains a most critical matter because we resolved from the start not to tap into your Association's general funds (such as they are!) and not to go back to the punctual contributors and ask for more. We're on the cusp of an amazing achievement and it would be a most depressing thing in our community for us to fail because a couple of feet seem to have glue underneath them.

DENSIFICATION HORRORS
Most of us will have been highly alarmed by the proposed Integrated Zoning Scheme (IZS) proposed by the City Council. If you're an alarmist by nature the IZS can be interpreted as a diabolical politically-driven plan to compel outrageously reckless densification of all residential areas within the Unicity jurisdiction, including Misty Cliffs.

The motive behind the scheme is indeed residential densification, and to an extent this is inevitable. We will have to face this. Greater Cape Town's phenomenal population growth has led to colossal suburban sprawl, with relatively poorer people being circumstantially forced ever further from where they do or might work. Provision of infrastructure to service these areas, particularly the provision of affordable transport, has already exceeded the capacity of the Unicity. Part of the solution is to restrain lateral expansion and enable people to get back closer to the centre(s).

Complicating the problem is that there are 17 different zoning schemes presently in place in various areas, and there is also a Provincial Spatial Development Framework with which any eventual IZS would have to be compatible. Understandably the City Council would be only too relieved to manage a single zoning scheme instead of 17 different ones. Hence the enthusiasm to introduce a single scheme, the IZS.

The principal objection to this is that significant densification in certain areas would disastrously aggravate the commuting problem. In our area of interest it is obvious that if Misty Cliffs, Scarborough, Kommetjie, Masiphumelele, Ocean View, Fishhoek, Simon's Town, Hout Bay, etc were materially densified there would quickly be traffic gridlock because of the inadequate transport route capacity, not to mention the Council's daunting problem of providing water, electricity, sewerage, and other customary services. There is no prospect whatever of anything like a mass rapid transport system being provided.

With all this in mind, no less than 50 different civic associations, including the MCVA, have submitted well-argued objections to the proposed IZS. There are objections in principle and objections in detail, the latter relating more to environmental practicalities like trying to densify steep mountainsides and the undesirability of detracting from the appeal of officially recognized scenic routes. The objections have endeavoured to be constructive in proposing variations or alternatives, and it is hoped that if (or when) the IZS is eventually introduced it will have had sensible revisions, especially recognising that one size does not fit all, so that there can be allowance for "overlay zones" where the special physical circumstances of individual areas will enable departures or variations from the umbrella regulations.

That's about all we can tell you for now; somewhere in the bowels of the city administration we hope there's some constructive head scratching being done and in due course the ratepayers will get to hear of it.

DOUBLE DWELLINGS
From time to time Misty owners past and present have applied for waivers enabling them to build second dwellings on their land, or to alter their buildings to constitute two dwellings. In anticipation of the IZS becoming law we may expect more such applications.

Your Association has always objected (successfully, so far) to these applications, as have potentially affected neighbours. Apart from the subjective factor of aesthetics, there are numerous sound practical and technical bases for objections. This is an important matter because if even one such waiver were granted it would create a highly unfortunate precedent with eventual consequences "too ghastly to contemplate". Most Misty plots are small, around or less than 600 sq m, and to accommodate two dwellings would be difficult without being granted sub-waivers relaxing building lines and set-backs, factors which markedly complicate aesthetic considerations. In some instances multiple dwellings are expressly forbidden in title deeds.

Grounds for objection include pressure on infrastructure. More and more owners are becoming residents, and already traffic congestion is irritating and potentially dangerous during holiday periods. It's regarded as miraculous that we've contrived to upgrade the mountainside road and we've been assured that any further enhancement to it or to other municipal services is but a dream.

Some other points: A bye-law requires two off-street parking places per dwelling. Two dwellings would mean four parking places thereby compelling enormous garages or impracticable set-backs. There is no prospect of water-born sewerage for many years, and our area is too small to absorb much more septic tank soak-away without contaminating the beach. Emergency services have already expressed concern that there is only one entry/exit point for all the mountainside properties. The M65 main road is a designated "scenic route" and the authorities discourage an extent of densification which would cumulatively de-green the mountain.

OFFICIALDOM TAKES ITS TIME, BUT ….
Digging far back into your memory you may recall that one of our owners applied to the Council to rent, for "gardening purposes", and at a nominal sum, a municipal road reserve-cum-servitude which ran from the uphill boundary of Misty Cliffs down to the main road to a point approximately opposite Erf 40. To consider this the Council (SPA) followed standard procedure and requested input from potentially affected owners; this was duly done and the submissions overwhelmingly opposed the proposal. The applicant was then afforded an opportunity to respond to the objections. The whole process took an inordinate time and, perhaps understandably, the frustrated applicant went ahead and commenced "gardening". Eventually the application was turned down. After another lengthy period the applicant was served notice to demolish certain works apparently associated with the gardening and to restore the area to its natural state. This restoration has begun.

The moral (if that's what it is) of the story is that although the Council is understaffed and overworked and has maddeningly tedious processes, it doesn't like to be messed with. When it's sufficiently provoked it has ammunition which can be dusted off and used.

OUR BRETHREN
Yes, we're sick of hearing about them and sicker still of defending our properties against their raids. Most of us are also sick, in a different and nastier way, of seeing people attempt to discourage these protected creatures by killing or maiming them.

We have discussed the matter in committee in the presence of invited Sanparks officials. There is a minority but strongly held view that Misty Cliffs should be treated like any other suburb and wild animals excluded from it. There is a connection with the issue of uncontrolled dogs, mainly on the beach, because apart from the nuisance of dogs there is a natural enmity between baboons and dogs and no one wants to see beloved pets mauled by angry baboons.

For the moment the matter is not entirely resolved but we are hopeful that, assisted by the good neighbourliness which has so far characterized our small community, it will sort itself out once reliable funding has been secured for sustained employment of baboon "chasers". These men have proved extremely effective in the past but need to feel a degree of permanency to do their job properly.

There are discussions with all interested parties presently under way to arrive at a properly structured, approved, and sustainable management plan which would apply to all areas where baboons are endemic. Core financing will come from the Poverty Relief Fund because a considerable number of presently unemployed and unemployable people will be trained to carry out the ground work - mainly that of "chasing". While perhaps Misty owners regard baboons as a nuisance, many folk, especially tourists, find them an attraction and there are also definite education and research possibilities. Additional financing will be sought by fundraising. Oversight is likely to be by Sanparks.

This will be the first time that a viable management system has been set up to deal with baboons, and as soon as everything's firmed up we will circulate the details.

WEB SITE
One of our members, Jeff Spencer, very kindly offered to set up a web site for Misty Cliffs. Your committee thought this was a grand idea and the result is that you can take a look at the site and tell us what you think of it and what you suggest we could put on it and/or use it for. Visit www.mistycliffs.org.za

Necessarily the site is experimental at present. For the time being please direct your suggestions and criticisms to our chairman, Doug Tunbridge.

MEMBERS AND OTHERS
This newsletter will be sent to all Misty Cliffs owners, whether or not they are paid-up members of the Misty Cliffs Village Association. The committee decided that it was important to keep everyone informed about what's going on, especially with the steady growth of threats that may detract from the delights of our enclave which so attracted us to buy a pad here in the first place. Dealing with the threats and pressures requires a co-ordinated effort and this is best achieved if everyone concerned is kept adequately posted and thereby enjoys a sense of community.

We are also hopeful, very hopeful, that by including everybody we are likely to increase the paying membership. At present only about half our owners pay their voluntary annual subscription, and this means that the cost of the subscription is higher than it need be if everyone were to pay up. Your committee does a terrific amount of work, especially in essential liaison with local government, and collaboration with neighbouring communities having similar interests and concerns. Our time is very willingly given but a lot of expenses are born personally because our association's funding is under-resourced; this is not a good business principle.

There are some things which the committee feels worthwhile doing but which are presently unaffordable. For instance, we'd like to pursue a beautification plan, buying in indigenous plants for presently "bare" areas, and attending to the subsequent gardening. We'd also like to arrange occasional get-togethers wherein appropriate victuals would facilitate nice introductions and new friendships. We'd like to spread the welcome mat for new arrivals and be able to help them become part of our rather unusual community - there are some rather unusual and very interesting people among us!

(Which reminds us, we warmly welcome new residents, Tony and Donna da Silva, renting but soon to be building on the mountainside, and Richard and Vanessa Court in the "Cape Cod" house on the beach. May you stay long and be very happy here.)

Presently it would cost you less than a Rand a day (82.2c to be precise!) to be a paid-up member of this useful association. We honestly believe this is phenomenal value. Those who haven't, please chip in your annual subscription right away. Make out a crossed cheque for R300 in favour of the Misty Cliffs Village Association and mail it to P.O. Box 43942, Scarborough, 7975.