3.5.1 LAND SWAP OF MUNICIPAL AND DEVELOPERS LAND

. Landswap application
A portion of Erf 1316 Knysna to the North of Erf 3556 is an unmade street. The local authority has approved a lease agreement for the owner of Erf 3556 Knysna to lease this portion of Erf 1316 Knysna for boat storage purposes. Euro Construction has recently submitted a request to council to obtain this portion in exchange of the southern portion of Erf 3556 Knysna (± 303 m2) that has had Knysna Muncipality utilities mistakenly installed on private land (within our lands). It is our client’s wishes to ‘swap’ the above-mentioned Portion for the remainder of Erf 1316 Knysna (± 804 m2). It is the intention to utilise this erf for public parking purposes only, if Council still need this area for services, such services can be protected by means of servitude. Photo below illustrates the proposed Land Swap, 1 (Developers Land) 2 (Municipality Owned Lands) .

From previous meetings and correspondence Knysna Municipality appeared to be unwilling to agree to this land swap on the basis that an agreement existed between the previous owners and themselves. This agreement apparently involves the use of the area directly east of Erf 3556 adjacent to the Lagoon. Investigations have recently been concluded by the Municipality and it has been determined the lands in question are not owned by the Municipality and as such no agreement is in place. On that basis we would submit that this land swap should be allowed. The out come of Council’s decision is currently awaited.

We believe that this land swap will be beneficial to both parties, as well as the general public. Vagrants that create a security and health risk in the area currently frequent this Portion of Erf 1316. At the same time the current encroachments can be resolved.

. Purchase of a portion of New Street and Delivery of Public Park
The irregular shape of Erf 2944 creates difficulty in terms of building design. The developer would like to regularise this shape to allow a more economically shaped building and to have scope to provide a boulevard linked to the public park and linear park.

It is proposed that if the Municipality offer these lands for sale that the sale should be linked to the delivery of the Public Park and the associated infrastructure on the lands currently being used as a Driving Test Centre and lands in close proximity around it.