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Everything you need to know about Town Planning and Town Planners

What is town planning?

 

Town Planning is a dynamic profession that strives to improve the well-being of people and their related communities by creating comfortable, equal, healthy, effective and attractive living environments for current and future generations.

Town and Regional Planning deals with the planning, design, implementation and management of all facets of development and land use from local to national level.

What is a town planner?

 

Town and regional planners mostly work for the government. However, developers and private planning firms also hire town planners.

Town Planners’ tasks include the development of long- and short-term plans for land use, growth, maintenance and renewal. They also monitor relevant legislation and ensure that all projects comply with the regulations and rules.

Town planners will also make recommendations regarding the allocation of funds for programs and transport projects. They will develop, design and implement studies on transport, air quality, housing and population, and then analyse these studies to present the results.

They will also make recommendations regarding zoning regulations to address social, economic, and environmental and health problems.

Town Planners are creative and dynamic individuals who are excellent at problem solving. The ideal Town and Regional Planner is a creative person who can come up with innovative solutions to solve complex problems.

This is a creative person who is able to come up with innovative solutions for complex problems, a mediator who can reconcile different points of view, a strategic thinker and a good manager.

Given the enormous backlogs in the field of housing and others social services and the misery in which many South Africans currently find themselves.

A Town Planner helps a community to decide how to use its land and resources the best with a view to future growth and revival. He or she usually works for a local government.

A town planner or regional planner recommends places for roads, schools and other infrastructure in order to help local officials solve social, economic and environmental problems.

What does a town planner do?

On a typical day, a town planner or regional planner may do the following:

 

  • Design, promotion and administration of government plans and policies regarding land use, zoning, public services, community facilities, housing and transport.
  • Hold public meetings and provide government, social scientists, lawyers, developers, the public and special interest groups with advice to formulate and develop land use or community plans.
  • Recommend approval, denial or conditional approval of proposals.
  • Determining the effects of regulatory constraints on projects.
  • Assessing the feasibility of proposals and the identification of necessary changes.

How do you become a town planner?

 

The qualification for Town and Regional Planning is a four-year degree that offers both theoretical and practical training.

It is a professional SACPLAN accredited undergraduate qualification and students can then also apply for postgraduate study (MSc or PhD) in Town Planning.

Where do town planners work?

Examples of organizations where Planners can work include the following:

 

  • Government agencies: National and Provincial Departments, Local municipalities, development agencies
  • Private Sector: Corporate Environment ( e.g. Vodacom, MTN, ABSA, AngloGold, etc.), Private Consultants (Town Planners), Architects, Land Surveyors, Engineering Companies, Estate Agents, Developers and other relevant building environmental professions,
  • Research Institutions and Universities

How to submit a land use application?

 

When a land use application is necessary for a certain activity or proposed development an individual wants to carry out, the local municipality must be approached for application forms etc. in order to compile and submit an application.

It is important to appoint a professional town planner in this regard to draft and lodge the application. Once an individual submitted an application and paid the Council fees, an official at the department will scrutinise the application to check if the application is complete. A reference number will be issued for the application.

How long does it take for a land use application to be approved?

 

Approval of a land use application can take up to a year, depending on the type of application that was lodged. When an application is submitted to Council, the application is circulated to relevant internal departments of Council for their comments.

Once all comments are positive from the relevant internal departments, the application can be evaluated by the relevant Municipal planning official who recommends the application for approval or refusal.

What happens if objections are received?

 

Depending on the By-Laws of a Municipality, some applications have to be advertised to the general public.  The general public will have the opportunity to object to a land use application.

Objections may result in a major delay in the application process at the Municipality.  If objectors refuse to withdraw their respective objections, a hearing has to be scheduled by the Municipality in order to decide whether the application will be recommended for approval or not.

Will bulk service contributions be payable?

 

Depending on the type of land use application and the impact of which the proposed land use will have on the engineering services on the area (water, sewer, roads, storm water, electricity), bulk contributions may be applicable to be paid by the client/property owner.

The availability of services in the area may is also be a deciding factor on whether bulk contributions will be payable or not.

Why do I need a town planner?

 

Town planners are appointed by property owners to compile and submit land use applications and to obtain municipal approval thereof for certain land uses/activities that they want to acquire for their properties.

Land use applications need to be in line with different legislations and may be very complex to be dealt with.

The need to appoint a professional town planner in this regard is vital in order to avoid wasted time and money with municipal procedures.

What is town planning approval?

 

Town planning approval means that the land use application that was submitted to Council has been approved. It is important to inspect the approval letter for any post-approval conditions to be complied with before the rights can come into operation.

If there are no post-approval conditions in the approval letter to be complied with, the proposed rights may be exercised on the subject property. As soon as the proposed land use rights are in place, architects can draught and submit building plans accordingly.

What is floor area ratio (FAR/FSR)?

 

FAR (Floor Area Ratio) or FSR (Floor Space Ratio) is a ratio/ factor that may be multiplied with the size/area of a property, the product of which will define the gross floor area (GFA) that may be developed on the property (also commonly referred to as “bulk or bulk factor”).

What is coverage?

 

Coverage is known as the footprint of a building structure on a property or percentage of a property that is covered, as seen from directly above a property (i.e. 60% coverage on a site of 1000m² will be 600m² of area covered by buildings).

What is a zoning certificate?

 

A zoning certificate of a property typically confirm the land use zoning category of a subject property and also indicates certain development restrictions such as coverage, height, floor area ratio, density, parking requirements, etc.

What is my property’s zoning?

 

A property’s zoning can be determined by obtaining a zoning certificate from the local municipality of that specific area. Town planners can assist property owners in order to obtain a zoning certificate from Council.

What are bulk services contributions?

 

Bulk services contributions or “Engineering Services” may be applicable to be paid by the client/property owner, depending on the availability of services (water, sewer, roads, storm water, electricity) in a specific area.

Subject to the type of land use application and the impact of which the proposed land use will have on the engineering services in the area, bulk contributions may be applicable.

What are my obligations as a property owner in terms of planning law?

 

A property owner should ensure that the zoning of his/her property is in line with the type of land use being exercised on the subject property.

If the zoning of the property is not in line with the land use being exercised, the land use is regarded as being “illegal” and the Municipality may serve a contravention notice to the owner of the property.

Certain Municipalities may increase your property’s rates and taxes levy due to an illegal activity being exercised.

A town planner can be appointed in this regard to lodge an appropriate land use application to Council in order to rectify the property’s zoning according to the relevant Municipal Planning By-Laws and/or Town Planning Scheme.

How do I acquire new or additional land use development rights?

 

A town planner needs to be appointed to lodge an appropriate application to the relevant Municipality in order to acquire new or additional land use development rights for a property.

How do I apply for new or zoning scheme departure?

 

A town planner needs to be appointed to lodge an appropriate application to the relevant Municipality in order to apply for a new zoning or zoning scheme departure for a property.

How do I convert/develop a farm or piece of land into a residential township or business units?

 

In order to obtain land use rights for a residential township or business units on farm land/agricultural zoned land, a town planner needs to be appointed to lodge an application to Council.

A township establishment application is usually required to obtain such land uses on farm/agricultural land, but it depends on the Municipal Planning By-Laws of the subject Municipality.

I own two or more adjacent properties. Is it possible to consolidate then and create one big portion?

 

Yes, two or more adjacent properties can be consolidated to create one single portion/erf. It is important to ensure that all properties belong to the same owner in order to consolidate the subject properties.

Is it possible to use a site for uses other than stipulated by the zoning scheme e.g. operating a business within a residential land use zone?

 

It depends on the current zoning and development controls of a property and what the town planning scheme of the relevant municipality allows for the current zoning. A zoning certificate of the property should be obtained in this regard.

Who has to submit building plans?

 

Building plans are usually submitted by qualified Architects or Draughtspersons. The zoning of a property should, however, be right, before building plans can be submitted.

What is town and regional planning?

 

Town and Regional Planning is a thrilling profession that that promotes equality and stimulates sustainable development and mainly has to do with the planning, design, implementation and management of public interventions in the development and use of land.

The driving force behind the profession is the generation of viable alternatives to current settlement types.

In South Africa’s history, town and regional planning has been a key profession in equalizing spatial and other imbalances in both urban and rural areas, as well as improving ineffective and underperforming living environments.

How can I find out the zone of my land?

 

A property’s zoning can be determined by obtaining a zoning certificate from the local municipality of that specific area. Town planners can assist property owners in order to obtain a zoning certificate from Council.

Where can I get advice about planning and subdivision requirements?

 

Town planners can assist property owners with advice about planning and subdivision requirements.

Where do I lodge my application?

 

A land use application is lodged to the Municipality (Town Planning Department) governing the area of where the subject property is located.

How much do I need to pay with my application?

 

Land use application fees are different for each Municipality and can be obtained from a town planner or from the town planning department of the Municipality.

Where do I obtain a copy of my title deed / surveyor general diagram?

 

A town planner can obtain a copy of a property’s title deed / surveyor general diagram.

Why is it necessary to obtain town planning authorisation prior to making a building plan application?

 

A property’s zoning should be in line with the proposed land uses to be exercised/developed on the property. Building plans will not be approved if a property’s zoning is not in place for the proposed new land use/development.

Town planning authorisation will determine if a property’s zoning is in place or not.

Why should I use a town planning consultant?

 

Town planning consultants (town planners) provide various planning services to their clients, such as individuals, companies, NPC’s and local governments.

Town planners review development proposals to ensure compliance with legislative and regulatory requirements.

By appointing professional town planning consultants, costly pitfalls can certainly be avoided in the development process.

How to appeal against a planning decision?

 

An appeal against a municipal planning tribunal decision can be made within a certain period, depending on the Municipal By-Laws of that specific area.

Appointment of a legal representative is of utmost importance for lodging an appeal on behalf of an individual/entity.

What are town planning services?

 

Town planning services are usually land use -and development applications that include:

 

  • Rezoning – Change a use zone to allow for certain land use rights on a property
  • Township Establishment – A complex process of converting land into residential, commercial or industrial properties
  • Consent Use – Obtain consent to exercise a certain land use right without changing its zoning (Guest house, Creche, etc.)
  • Permission – Obtain permission to exercise a certain land use right without changing its zoning (Telecommunication mast, etc.)
  • Subdivision – Divide land into two or more portions. A Subdivision application is applicable on land within the urban development boundaries
  • Consolidation – Combine, merge or join together two or more properties, owned by one person or a company.
  • Division of Farm Land – Divide land into two or more portions. A division of land application is done on Agricultural zoned land
  • Excision of Holding applications – Revert a holding back to a farm portion in order to apply for a land use change.
  • Removal of Restrictive Title Deed Conditions – Remove restrictive conditions in a Title Deed that prohibit certain activities.
  • Purchase or lease Council Property – Acquire land that belongs to the government or municipality.
  • Contravention Notices – Report Illegal land uses to the Municipality
  • Site Identification & Investigations
  • Gated Communities & Street/Road Closures
  • Representation at Municipal Planning Tribunal Hearings

Depending on the current zoning and nature of a property, Townplanner.co.za can assist you by applying for land uses, such as:

 

Shopping Centres, Residential Estates, Golf Estates, Office Parks, Home-Undertakings, Medical / Dental Suites, Residential Game Estates, Low Cost Housing Projects, Backpackers, Block of flats, Caretaker’s flat, Car wash, Children’s home, Clinic, Commune, Drive-in restaurant, Duplex dwellings, Dwelling-units, Fitness centre, Garden centre, Home enterprise, Hostel, Hospital, Hotel, Institution, Laboratories, Lodge, Medical consulting rooms, Motor dealership, Nursing home, Office, Place of child care (Creche), Place of amusement , Place of public worship, Place of refreshment, Place of instruction, Sport and recreation club, Telecommunication mast, Veterinary clinic and Wall of remembrance.

What is a town planning scheme?

 

A Town planning scheme (also known as a land use scheme) is a Municipal guideline document that sets out regulatory development controls for properties in the area to which it applies.

Town planning schemes varies from one Municipality to the next Municipality.

The scheme provides certain guidelines and development controls for different types of properties, such as: Zoning, Land uses, FAR, Coverage, Building lines, Height, etc.

What is the town planning process?

 

Town planning processes differs from one Municipality to another. The following town planning process is typically applicable:

 

  1. The client approaches/appoints a town planner to obtain advice or submit an application for his/her property;
  2. The town planner provides the client with professional advice on the way forward, depending on the type of request;
  3. The town planner motivates and compiles the applicable application (Rezoning/permission etc.);
  4. The town planner submits the application to the relevant official at City Council, where after it is assessed for completeness.
  5. When the application is found to be complete, the advertisement process can commence (if applicable).
  6. The application then needs to be advertised as prescribed (usually in the Provincial Gazette, Beeld, Citizen, on-site and the adjoining owners need to be notified by registered post). An objection period is applicable in this regard.
  7. The application is then circulated to various internal departments for their respective inputs and comments, and the town planner takes it upon himself/herself to expedite this aspect of the application.
  8. As soon as all the comments from the various departments are positive, the application is handed to the relevant town planner of Council to evaluate the application for a decision.
  9. The application takes several months for approval should no objections be lodged against the application.
  10. Should objections be received, the Council will arrange for a town planning hearing.
  11. As soon as the application is approved, the owner of the property should comply with the post-approval conditions as set out in the approval letter, if any. A town planner can also assist the client in this regard.
  12. When the post-approval conditions have been complied with, the new/additional land use rights comes into operation, where after building plans can be submitted for approval.

 

Town planning consultant fees

 

Town planning consultant fees differs from one town planning firm to the next.

The consultancy fees depends on the type of application to be prepared, as well as the difficulty level and complexity of the subject application to be motivated and lodged to Council.

Where to get a zoning certificate?

 

A zoning certificate can be obtained from the Municipality that governs the area in which the subject property is located. A town planner can also assist in this regard.

Where to find the zoning of a property?

 

 The zoning of a property can be seen in the zoning certificate of the subject property.

A town planner can be appointed to provide clarity on the zoning certificate and the applicable development controls.

Where to find zoning laws?

 

Zoning laws can be obtained from the Municipality that governs the area in which the subject property is located. A town planner can also assist in this regard.

Where to get zoning information?

 

Zoning information of a property can be seen in the zoning certificate of the subject property.

A town planner can be appointed to provide clarity on the zoning certificate and the applicable development controls.

Where to check zoning?

 

Zoning information of a property can be seen in the zoning certificate of the subject property.

A town planner can be appointed to provide clarity on the zoning certificate and the applicable development controls.

Where to get zoning certificate in Tshwane/Pretoria?

 

A zoning certificate can be obtained from the Municipality. A town planner can also assist in this regard.

Where to find zoning maps?

 

Zoning maps can be obtained from the Municipality that governs the area in which the subject property is located. A town planner can also assist in this regard.

Where to find zoning restrictions?

 

Zoning restrictions of a property can be seen in the zoning certificate of the subject property.

A town planner can be appointed to provide clarity on the zoning certificate and the applicable development controls.

What zoning is my house?

 

Zoning information of a house can be seen in the zoning certificate of the subject property. A town planner can be appointed to provide clarity on the zoning certificate and the applicable development controls.

What zoning is my property?

 

Zoning information of a property can be seen in the zoning certificate of the subject property. A town planner can be appointed to provide clarity on the zoning certificate and the applicable development controls.

What does zoning mean?

 

Zoning is the process of separating properties in a municipality into certain zones where particular land uses are permitted or prohibited. The zoning may also regulate property sizes, bulk, and placement of buildings.

What zoning is my land?

 

Zoning information of land can be seen in the zoning certificate of the subject property. A town planner can be appointed to provide clarity on the zoning certificate and the applicable development controls.

What zoning is necessary for a home business?

 

Zoning for a home business or home enterprise can be obtained by means of submitting an application to the relevant Municipality that governs the area in which the subject property is located.

The specific zoning of such a land use differs from one Municipality to another, but it is important to appoint a town planner to submit a correct application that is also in line with the prescribed laws of the Municipality.

How to get a certain zoning?

 

In order to obtain a certain zoning for a certain proposed land use can be obtained by means of submitting an application to the relevant Municipality that governs the area in which the subject property is located.

The specific zoning of such a land use differs from one Municipality to another, but it is important to appoint a town planner to submit a correct application that is also in line with the prescribed laws of the Municipality.

How to find a zoning certificate for a property?

 

A zoning certificate can be obtained from the Municipality that governs the area in which the subject property is located. A town planner can also assist in this regard.

Other requests that Townplanner.co.za can assist with

 

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Different types of land uses

Depending on the current zoning and nature of a property, Townplanner.co.za can assist you by applying for land uses, such as:

  • Shopping Centres
  • Residential Estates
  • Golf Estates
  • Office Parks
  • Home-Undertakings
  • Medical / Dental Suites
  • Residential Game Estates
  • Low Cost Housing Projects
  • Abattoir
  • Airfield
  • Airport
  • Animal boarding place
  • Atm
  • Auctioneer
  • Backpackers
  • Bakery
  • Bank
  • Block of flats
  • Block of tenements
  • Boarding house
  • Builder’s yard
  • Cafeteria
  • Call centre
  • Camping site
  • Caretaker’s flat
  • Car wash
  • Cemetery
  • Children’s home
  • Clinic
  • Commune
  • Computer centre
  • Confectionery
  • Conference centre
  • Crematorium
  • Distribution centre
  • Domestic service centre
  • Drive-in restaurant
  • Duplex dwellings
  • Dwelling-units
  • Electricity power station
  • Equestrian school
  • Farmstall
  • Filling station
  • Fitness centre
  • Funeral undertaker
  • Garden centre
  • Government offices
  • Guest-house
  • Helipad
  • Home enterprise
  • Hostel
  • Hospital
  • Hotel
  • Industry
  • Institution
  • Internet café
  • Laboratories
  • Light industry
  • Lodge
  • Market garden
  • Medical consulting rooms
  • Mining
  • Mobile dwelling-unit
  • Motor dealership
  • Motor workshop
  • Noxious industry
  • Noxious industrial building
  • Nursing home
  • Office
  • Panel-beater
  • Parking garage
  • Parking site
  • Pedestrian bridge
  • Place of child care Petting zoo
  • Place of amusement
  • Picnic place
  • Place of public worship
  • Place of refreshment
  • Plant nursery
  • Place of instruction
  • Private club
  • Public garage
  • Recreation resort
  • Reservoir
  • Residential buildings
  • Retail industry
  • Retirement centre
  • Scrap yard
  • Sewerage works
  • Shop
  • Showgrounds
  • Showroom
  • Social hall
  • Spaza shop
  • Sport and recreation club
  • Sports ground
  • Subterranean rights
  • Tavern
  • Tea garden
  • Telecommunication centre
  • Telecommunication mast
  • Theatre
  • Transport depot
  • Transport terminus
  • Vehicle sales mart
  • Vehicle sales showroom
  • Veterinary clinic
  • Wall of remembrance
  • Warehouse
  • Wholesale trade
  • Zoo
Land Uses and Definitions

Tshwane Town Planning Scheme, 2008

  • Adult premises – Means land and buildings used for trade with sexually explicit material, including the distribution or exhibition of films or videos which are classified as “X18” or “R18” in terms of the provisions of the Films and Publications Act, 1996 or any amendment thereto. It also includes any shows, be it live or via films, videos or magazines, the distribution/exhibition of sex aids and/or the operation of an escort agency.
  • Air rights – Means the use of a building, which spans across an existing street at a specific height above the street level and does not restrict the use of the street, for any use which has been approved by the Municipality.
  • Ancillary and subservient uses – Means uses or activities which support and compliment the main use on the property and which shall not exist on their own when the main use on the property is discontinued.
  • Animal boarding place – Means land and buildings used for the boarding, breeding and grooming of dogs, cats and domestic animals and may include the sale of products related to the main use subject to the Municipality’s relevant By-laws and Regulations.
  • Atm – Means land and buildings used for an automatic teller machine of a bank or other financial institution.
  • Auctioneer – Means land and buildings used for the storage of new and second hand goods for sale to the public by means of an auction or over the counter.
  • Backpackers – Means land and buildings consisting of habitable rooms including dormitories, a communal kitchen, dining-room, lounge and ablution facilities for the accommodation of guests and tourists for short periods and shall be managed by the owner or manager who shall reside on the same property.
  • Bakery – Means land and buildings where bread, rusks, tarts, rolls, pies and other flour-baked products are manufactured in bulk for distribution to wholesale trade, shops and warehouses.
  • Bank – Means a public company provisionally or finally registered as a Deposit-taking Institution in terms of the Deposit-taking Institutions Act 1990 (Act 94 of 1990) and also includes an instant bank and automatic teller machines.
  • Basement – Means any portion of a building complying with the provisions of Clauses 9(5) and 12(2)(c), the floor of which is 2 m or more below the mean natural ground level of the ground covered by the building, and of which no part of the ceiling is more than 1 m above such mean level.
  • Block of flats –Means two (2) or more dwelling-units on two or more storeys contained in a building with a common entrance or foyer to the dwelling-units.
  • Block of tenements – Means a building containing two (2) or more habitable rooms and may include communal kitchens and communal ablution facilities.
  • Boarding house – Means land and buildings consisting of habitable rooms without a kitchen, which are let or rented to persons and where one or more meals are provided in a communal dining-room and a communal kitchen and includes a caretaker’s flat on the property.
  • Builder’s yard – Means land and buildings that are used for the storage and sale of building materials and equipment that:

(1) are required for building works; or

(2) have been obtained from demolitions or excavations; or

(3) are required or are usually required for improvements on land, such as material that is used for any building work, whether for public or private purposes.

  • Building – Means a building as defined in the National Building Regulations, 1985 and Building Standards Act, 1977.
  • Building line – Means an imaginary line on a property that demarcates the building restriction area and is at a fixed distance from any boundary of such property.
  • Building restriction area – Means the area on a property where no building, except as permitted by the scheme, may be erected and which is bounded on one side by a building line and on the other side by a boundary of the property and also includes open spaces or as indicated in an Annexure T to the Scheme.
  • Building society – A Mutual Building Society as defined in Section 1 ofthe Mutual Building Societies Act, 1965 (Act 24 of 1965) and also includes automatic teller machines.
  • Business building – Means land and buildings used as an office, financial institution, fitness centre, hairdresser, receiving depot for dry-cleaning and shoe repairs, dental workshop, medical and dental consulting rooms, optometrist or for other business purposes such as inter alia beauty salon, pet salon, but does not include any building mentioned whether by way of inclusion or exclusion in the definition of Institution nor a building designed or used as a Place of Instruction, Place of Amusement, Shop, Public Garage, Parking Garage, Industry, Noxious Industry, Warehouse, Vehicle Sales Mart or a factory or workshop.
  • By-laws – Means the Municipality by-laws in force in the area of the Scheme.
  • Cafeteria – Means a building or part of a building used for the preparation and sale of food and refreshments for the exclusive use of the employees and their guests or patrons of the building provided it is ancillary and subservient to the main use on the same property.
  • Call centre – Means land and buildings used for a telephonic or other communication centre for rerouting telephonic or other calls by means of call operators.
  • Camping site – Means land and buildings used for transient guests for the overnight accommodation of caravans, motor homes and tents and may include ablution facilities, caretaker’s flat, communal kitchen and ancillary and subservient shops and other related buildings.
  • Canopy – Means a permanent roof-like projection or overhanging shelter attached to a building.
  • Caretaker’s flat – Means a dwelling-unit for a person and his/her family who is responsible for the care and supervision of the land and main buildings on the same property.
  • Car wash – Means land and buildings used for the washing, polishing and cleaning of vehicles by means of mechanical apparatus or by hand.
  • Cemetery – Means land and buildings designed or used for the burial of deceased persons and human ashes, a crematorium, a wall of remembrance, a chapel and offices and storerooms for the management of the cemetery, parking and includes ancillary and subservient uses which the Municipality deems necessary.
  • Children’s home – Means land and buildings used for the accommodation, care and education of children with special needs or circumstances and includes staff accommodation, recreation facilities and ancillary and subservient facilities for the children and staff.
  • Clinic – Means a hospital for day patients with no overnight accommodation.
  • Commercial use – Means land and buildings used for distribution centres, wholesale trade, storage, warehouses, telecommunication centre, transport depot, laboratories and computer centres and may include offices, light industries, a cafeteria and a caretaker’s flat, which are directly related and subservient to the main commercial use which is carried out on the land or in the building.
  • Commune – Means a building designed as a dwelling-house which is used by not more than six persons other than a family for residential purposes and who share communal facilities, such as a kitchen, lounge, etc.: Provided that the outbuildings shall not be used for such accommodation and provided that a Home Enterprise shall not be exercised by any such occupant.
  • Computer centre – Means land and buildings used for the storage and processing of electronic data and may include computer training, the sale and repair of computers, printers and computer consumables, which are ancillary and subservient to the main use.
  • Confectionery – Means land and buildings where bread, biscuits, tarts, rolls, pies or other flour (baked) products are baked or (made) prepared for the sale and/or consumption on the premises, but does not include wholesale or distribution.
  • Conference centre – Means land and buildings used for congresses, seminars, training, meetings, cultural events and social activities.
  • Consent use – Consent Use means the use of land and buildings granted by the Municipality and subject to Clause 16 and conditions of approval.
  • Controlling authority – Means the controlling authority as defined in Section 1 of the Advertising on Roads and Ribbon Development Act, 1940 (Act 21 of 1940) or the Commission as defined in Section 1 of the National Roads Act, 1971 (Act 54 of 1971) or the Gauteng Transport Infrastructure Act, 2001 (Act 8 of 2001).
  • Coverage – Means the percentage area of a property including any servitude area covered by the roofed area of all buildings as seen vertically from above but does not include a structure or building that has no roof.
  • Coverage zone – Means a specific zone in Table E and indicated on the electronic database of the Municipality.
  • Crematorium – Means land and buildings used for the cremation of human or animal tissue.
  • Distribution centre – Means a warehouse or other building from where goods are distributed and includes a transport depot.
  • Domestic service centre – Means land and buildings used for the repair of domestic equipment and appliances, the repair of lawnmower, irrigation systems and swimming pool equipment and the sales of spare parts of the afore-mentioned, property maintenance services and any other service that is, in the opinion of the Municipality, ancillary to such a centre.
  • Drive-in restaurant – Means land and buildings used for the preparation and consumption of food and refreshments by clients in parked vehicles and may include take-aways.
  • Duplex dwelling – Means a building consisting of two or more dwelling-units each of two storeys with an internal staircase.
  • Dwelling-house – Means a single dwelling-unit on property zoned “Residential 1”, “Agricultural” and “Undetermined”.
  • Dwelling-unit – Means a self-contained suite of rooms mutually connected and consisting of habitable room(s), a bathroom(s), toilet(s) and not more than one kitchen without the permission of the Municipality for the purpose of residence by a single family, or a single person or two unmarried persons and may include outbuildings which are ancillary and subservient to the dwelling-unit and may include a Home Enterprise subject to Schedule 9.
  • Electricity power station – Means land and buildings used for the generation of electricity and may include ancillary and subservient uses.
  • Equestrian school – Means a place where horses are stabled and horse riders and horses are trained and may include horse competitions with the permission of the Municipality.
  • Erections of a building – Means, inter alia, the construction of, any additionto, or structural alteration of a building.
  • Erf – Means an erf as defined in the Ordinance and the Gauteng Planning and Development Act, 2003 and includes any resultant portion of an erf obtained through subdivision of such an erf.
  • Existing building – Means respectively a building or work erected or carried out before the relative date set out in the definition of “Existing Use” and includes a building or work,

(1) erected or carried out in pursuance of a contract made before the relevant date given in the definition of “Existing Use”,

(2) begun before, but completed after, the said date,

(3) erected or carried out in accordance with the terms of any permission granted by the Municipality before the said date:

  • Existing erf – Means any erf as defined in the Ordinance and the Gauteng Planning and Development Act, 2003 and includes any portion of an erf in the areas mentioned in the definition of “Existing Use”.
  • Existing use – Means, subject to Section 43 of the Ordinance, the continuous lawful use of a building or land for the purpose for which it was erected or was lawfully being used.
  • Family – Means the following people that live together:

(1) a married couple with or without their parents and/or their children; or

(2) a single person with his/her parents and/or his/her children; or

(3) brothers and sisters; or

(4) a single person with his/her grandparents and/or his/her grandchildren; or

(5) grandparents with their grandchildren.

  • Farmstall – Means a building on a property zoned “Agricultural” and “Undetermined” used for the sale of agricultural produce and subject to Schedule 10.
  • Filling station – Means land and buildings used for:

(1) the storage of fuels and the retail selling of vehicle fuel and lubricants;

(2) one working bay for emergency repairs to vehicles;

(3) a shop including a confectionery and take-away facility including a kitchen, with a maximum gross floor area, accessible to the general public, of 250 m², and

(4) an automatic teller machine.

  • Fitness centre – Means a building where people exercise with or without exercise apparatus.
  • Fixed date – Means the date on which the Municipality gave notice in the Provincial Gazette that this scheme has been approved.
  • Flood lines – Means the flood lines as defined in Section 144 of the National Water Act, 1998 (Act 36 of 1998), including any other flood lines that the Municipality may require.
  • Floor area ratio – Means the ratio of the Gross Floor Area of a building to the total area of the property, including any servitudes, on which such building is erected or is to be erected, i.e.FAR = Gross Floor Area divided by Area of property.
  • Floor area ratio (far) zone – Means a specific zone in Table C and indicated on the electronic database of the Municipality.
  • Funeral undertaker – Means land and buildings used for the administration of funeral arrangements including showrooms, offices, storage space, refrigeration rooms, funeral parlour for the preparation and viewing of the dead, waiting room and the sale of flowers, coffins, gravestones and other related products as well as a display area for gravestones, but excludes a crematorium, a chapel or church.
  • Garden centre – Means land and buildings used for the storage, cultivation and sale of plants, bulbs, seed, fish, birds, pots, compost, fertiliser, pesticides, herbicides and may include the sale of ancillary and subservient gardening products and a place of refreshment not exceeding 40 seats.
  • Government purposes – Means land and buildings designed or used for Government offices, depots, workshops, stores, communication centres, police stations, post offices etc. and includes incidental uses such as a cafeteria solely for Government Departments but excludes industries and noxious industries.
  • Gross floor area – The gross floor area of a building is determined by multiplying the area of the property by the FAR, for eg. 1 000 m² x 0,4 = 400 m²: Provided that certain floor areas can be deducted from the calculation of gross floor area as provided in Schedule 7.
  • Ground floor – Means the floor of a building which is the entry point into the building and which is at or closest to the natural ground level of the property on which such building stands and excludes a basement.
  • Ground storey – Means that storey on the ground floor.
  • Guest – Means a person who stays overnight for a short period away from his/her normal place of residence.
  • Guest-house – Means a dwelling-unit, excluding a Home Enterprise, consisting of not more than 16 bedrooms for a maximum of 32 guests, a dining-room, lounge, bar and may ancillary and subservient facilities for the exclusive use of such guests and which shall be managed by the owner or manager who shall reside on the same property.
  • Habitable room – Means a room designed or used for human habitation according to the minimum standards prescribed in Part C of the National Building Regulations, but shall not include a storeroom, kitchen, scullery, toilet, bathroom or a passage.
  • Height – Means the height of any part of a building as measured vertically from the natural ground level of the footprint of the building to the highest point of the building as indicated on the diagrams in Clause 26.
  • Height zone – Means a specific zone in Table D and indicated on the electronic database of the Municipality.
  • Helipad – Means land and buildings designed or used for the landing and take-off of helicopters and may include a terminal for passengers.
  • Home enterprise – Means the practice of an activity, business, hobby or occupation in a dwelling-unit excluding a commune, a guest-house, a block of tenements, a boarding house, hostel and hotel, with the aim of deriving an income there-from subject to Schedule 9.
  • Hostel – Means a boarding house for persons attending a place of instruction or institution and which is owned or managed by or on behalf of the said place of instruction or institution.
  • Hospital – Means land and buildings used for the accommodation and care of sick or injured persons or persons needing specialised medical treatment or operations and may include operating theatres, x-ray rooms, a place of refreshment, a shop, pharmacy and offices and consulting rooms directly related to the hospital and may include a caretaker’s flat and ancillary and subservient uses.
  • Hotel – Means a building that has been registered as a hotel in terms of Section 1 of the Hotels Act,1965 (Act 70 of 1965), or any amendment thereof and may include a conference centre and a place of refreshment and ancillary and subservient uses required in terms of the afore-mentioned Act.
  • Industry – Means land and buildings where a product or part of a product is manufactured, mounted, processed, repaired, rebuilt or packed, including a power station and incinerator plant and may include a cafeteria and a caretaker’s flat and any other activities connected to or incidental to the activities mentioned herein, excluding noxious industries, light industries and retail industries.
  • Institution – Means land and buildings, whether public or private, designed or used as a charitable institution, national government institution, provincial institution, municipal institution, hospital, nursing home and clinic for the care or treatment of humans .
  • Internet café – Means land and buildings or part of a building used for hiring of computers to customers for use on the premises.
  • Mezzanine floor – Means any mezzanine floor the area of which does not exceed 25% of the floor area below it.
  • Mining – Means the reconnaissance, exploration, production, excavation or extraction of minerals and soil deposits from the earth.as provided for in the Mineral and Petroleum Resources Development Act, 2002 (Act 28 of 2002).
  • Mobile dwelling-unit – Means a dwelling-unit that can be moved.
  • Mobile dwelling-unit stand – Means land meant for the placing of one mobile dwelling-unit and the permissible additional structures for the exclusive use of the occupants of such mobile dwelling-unit.
  • Motor dealership – Means land and buildings used for an integrated service which provides a full range of related activities in respect of a specific vehicle range and includes a motor workshop, offices, the sale of new spare parts and the sale of new and used vehicles of that specific range only within a motor showroom: Provided that a motor showroom shall be in an approved building enclosed on all sides with brick and /or glass walls.
  • Motor workshop – Means land and buildings used for the following:

(1) repair and servicing of vehicles, excluding panel-beating or spray-painting; and

(2) installation of motor spare parts and accessories.

  • Municipality – Means the City of Tshwane Metropolitan Municipality established and instituted in terms of Notice 6770 of 2000 promulgated in terms of Section 12(1) of the Local Government Structures Act, 1998 (Act 117 of 1998) as amended.
  • Municipal purposes – Means such purposes as the Municipality may be authorised to carry out in terms of any law governing municipalities including but not limited to the Local Government Municipal Structures, 1998 (Act 117 of 1998) and the Local Government Municipal Systems Act, 2000 (Act 32 of 2000).
  • Municipal services – Means infrastructure services such as electricity cables, water pipes, sewage pipes, street furniture, electricity poles, light poles, traffic signs etc.
  • Natural ground level – Means the natural level of a property before any excavations or filling takes place and is the level which is used for measuring the height of a building.
  • Natural areas – Means land ecologically sensitive, naturally rich in biodiversity and non-renewable resources for conservation purposes.
  • Notice – Unless otherwise specifically provided in terms of this Town-planning Scheme or any other law means a written notice and notify means to give a notice in writing and the provisions of the Interpretation Act 33 of 1957, shall apply.
  • Noxious industry – Means land and buildings used for any use included in the list in Schedule 8 together with any living accommodation required for a caretaker and includes any other use on the same site, which is necessary in connection with the primary use.
  • Noxious industrial building – Means a building designed or used for a “Noxious Industry”.
  • Nursing home – Means land and buildings used for the medical and psychiatric, care and treatment of ill, injured, frail, mentally or physically disabled, alcoholics, drug addicts or sick persons or persons who need post-operative care but excludes operating theatres, and may include a caretaker’s flat, place of refreshment, shops and consulting rooms directly ancillary and subservient to the main use.
  • Occasional use – The use of land and buildings once a month for a maximum continuous period of 72 hours within a calendar month for uses as prescribed in Clause 17(3).
  • Occupant – Shall include any person in actual occupation of any land, or building or structure or premises without regard to the title under which he occupies, and in the case of premises subdivided and let to lodgers, various tenants, shall include the person receiving the rent payable by the lodgers or tenants whether on his own account or as agent for any person entitled thereto or interested therein and includes the agent of any person absent from the area or whose whereabouts is unknown.
  • Office – Means land and buildings or part of a building used for professional, clerical, administrative, management, marketing and consulting services, but excludes a call centre, security and emergency response vehicles, courier services in post, parcels and money.
  • Open space – Means land which is predominantly free of buildings or structures and which provides ecological , socio-economic and place-making functions such as natural areas, nature conservation areas, protected areas, nature reserve and includes ridges, watercourses, wetlands, ecological sensitive areas, parks, and squares as defined in the Tshwane Open Space Framework and may include ablution facilities, pergolas, benches, and braai facilities.
  • Ordinance – Means the Town-planning and Townships Ordinance, 1986 (Ordinance 15 of 1986), as amended.
  • Outbuilding – Means a building(s) which has its own entrance or door and no inter leading door to the main building, which is attached or free standing from the main building on the same property and which may contain:

(1) garages, storerooms, studios, exercise rooms, hobby rooms, music room, washrooms and a Home Enterprise, etc.;

(2) a squash court only with the permission of the Municipality; and

(3) residential accommodation, which shall not exceed 20% of the floor area of the main building up to a maximum of 50 m² without the permission of the Municipality and which may consist of habitable rooms, bathroom(s) and only one kitchen: Provided that such outbuilding has a common vehicular access with the main building and it is for the purposes of only the occupants of the main building and their staff and the total gross floor area of such outbuilding(s) shall not exceed 40% of the gross floor area of the main building without the permission of the Municipality and such outbuildings shall not be leased to tenants or sold under sectional title.

  • Owner – Means in relation to land or a registered right in land, the person in whose name such land or right is registered, in a Deeds Registry in terms of the Deeds Registry Act, 1937 (Act 47 of 1937) and includes-

(1) if the owner is deceased, the executor of the deceased estate;

(2) if the estate of the owner has been sequestrated, the trustee of the insolvent estate;

(3) if the owner is a company or other juristic person;

(4) if the owner is a company or other juristic person that is being wound up, the liquidator thereof;

(5) if the owner is under legal disability, the owners legal representative;

(6) the authorised representative of the owner; or

(7) in the case of a road or public space under the control of the Municipality, that Municipality.

  • Panel-beater – Means land and buildings used for the replacement, repair and spray-painting of the bodywork of motor vehicles.
  • Panhandle – Means that portion of a property, which is –

(1) at least 3 m wide and not more than 8 m wide; and

(2) used exclusively as an access to a public street.

  • Panhandle property – Means an L-shaped property, consisting of a narrow portion, which is known as the panhandle and which abuts on a street, and a broader buildable portion.
  • Parking garage – Means a building designed or used for the parking of motor vehicles not being for trade or sale, and does not include a building any part of which is designed or used as a workshop for the repair of motor vehicles.
  • Parking site – Means a property or part of a property, which is used solely for the parking of motor vehicles, excluding busses and trucks, not being for sale or trade and subject to Schedule 10.
  • Parking space – Means an area, used exclusively for the parking of a motor vehicle not being for trade or sale, the extent of which area shall be a minimum of 2,5 metres wide and a minimum of 5,0 metres long, excluding access or manoeuvring space, ramps, columns, etc.
  • Pedestrian bridge – Means a bridge across a road or street linking two buildings or two properties on either side of the road or street and providing access for pedestrians only and subject to the Municipality’s requirements.
  • Permission of the municipality – Means the permission or approval granted by the Municipality in terms of Clause 15 to use land and buildings for a specific use or to relax certain conditions applicable to the use of land and buildings.
  • Petting zoo – Means land and buildings used for the keeping and breeding of animals for display and interaction with persons visiting the property and may include a place of refreshment.
  • Physical barrier – Means a permanently-fixed barrier erected on the street boundary of an erf, consisting of either an approved brick or concrete wall or fencing or chains and/or bollard-type or crossed-over wooden, iron or steel poles or concrete plant boxes or other type of barrier acceptable to the Municipality.
  • Picnic place – Means land used for outdoor recreation and associated uses such as picnics and braais.
  • Place of amusement – Means land and buildings or a part of a building used for entertainment purposes such as a theatre, cinema, music hall, concert hall, table games, skating rink, dancing, amusement park, casino, electronic games, night club, an exhibition hall or sports arena/stadium used for live concerts or performances.
  • Place of child care – Means land and buildings used for the admission, protection and temporary or partial care of more than six children up to the age of 18 years away from their parents, but does not include a boarding school, school hostel, institution or place of instruction. Depending on its registration, a place of child care can admit babies, toddlers, pre-school aged children and school-going children on a full day or other basis and may include pre-primary school education.
  • Place of instruction – Means land and buildings used as a school, college, technical institute, university, academy, lecture hall, monastery, convent, public library, art museum, museum, other educational centre including ancillary and subservient hostel for persons attending any one of the afore-mentioned.
  • Place of public worship – Means land and buildings used for a church, chapel, mosque, temple, synagogue, or other religious purposes and may include ancillary social and recreational purposes and one dwelling-unit on the same property, but shall not include a funeral parlour, wall of remembrance or cemetery.
  • Place of refreshment – Means land and buildings used for the preparation, sale and consumption of refreshments on the property such as a restaurant, café, coffee shop, tea room, tea garden, sports bar, pub, bar and may include take-aways and a maximum of two table games, two dartboards, two electronic games, television screens and soft background music for the customers but excludes a place of amusement. The kitchen layout shall comply with the Municipality’s health requirements.
  • Plant nursery – Means land and buildings used for the storage and cultivation of plants, bulbs and seed for distribution and sale to shops or garden centres and may include the retail sale to the public on the property.
  • Premier – Means the head of the Executive Council of the Gauteng Provincial Government.
  • Private club – Means land buildings used for a private meeting by a group of people with a collective aim.
  • Private open space – Means Open Space as defined to which the general public has no right of access.
  • Property – Means any portion of land that has been registered as a separate unit in the Deeds Office.
  • Proposed streets and widening – Means land reserved for proposed streets or the widening of existing streets.
  • Public garage – Means land and buildings used for the storage and retail sale of vehicle fuel and lubricants and one or more of the following uses:

(1) repair and servicing of vehicles, excluding panel-beating or spray-painting;

(2) sale of new and used vehicles;

(3) a shop including a confectionery and take-away facility including a kitchen with a maximum gross floor area of 250 m²; and

(4) an automatic teller machine.

  • Public open space – Shall mean any Open Space as defined and vested in the Municipality under Section 63 of the Local Government Ordinance, 1939 (Ordinance 17 of 1939) to which the general public has right of access.
  • Railway purposes – Means land and buildings used for transport purposes as defined in the Legal Succession to the South African Transport Services Act, 1989 (Act 9 of 1989 as amended).
  • Rear boundary – In relation means any boundary opposite to a street boundary: Provided that, where a property has two or more street boundaries, the boundaries opposite to such street boundaries shall be deemed to be side boundaries.
  • Recreation resort – Means land and buildings used for recreational purposes mainly by day visitors and may include swimming pools, water slides, braai facilities, chalets, a camping site, cultural and music events, a place of refreshment, a conference centre or social hall, wedding chapel, staff accommodation, natural areas and ancillary and subservient uses.
  • Regulations – Means the Town-planning and Township Regulations issued by the Premier in terms of the Ordinance.
  • Reservoir – Means land and buildings designed for the storage of water and pumping equipment and may include toilets, storerooms, lapa with braai facilities and ancillary and subservient municipal uses.
  • Residential buildings – Means a hotel, block of flats, tenements, boarding house and hostel together with such outbuildings as are ordinarily used therewith.
  • Retail industry – Means, inter alia, catering, a confectionary, dress-making, and tailoring, engraving, instant printing and copying, jewellery manufacturing, photographic processing, picture framing, and screen printing; as well as the servicing and repair of air conditioners, audio equipment, basket ware and cane furniture, canvass goods and tents, bicycles, electronic equipment, domestic equipment, leather-works and shoes, office equipment, television and video equipment, upholstery, watches, weighing machines and window blinds, but does not include a Light Industry and the wholesale selling of goods.
  • Retirement centre – Means land and buildings designed or used to provide residential accommodation for persons of 50 years and older. The centre may include dwelling-units and a service centre for the use of the residents only and includes an assembly hall with recreational facilities, sick bay, medical consulting rooms, exercise and treatment rooms, dining facilities, a library, a tuck shop, a laundrette, hairdressing facilities, banking facilities, an automatic teller machine and other ancillary uses for the use of the residents only.
  • Road – Means a street or road as defined.
  • Rooftop antenna – Means telecommunications, television or other electronic and/or radio antennas which are fixed to a building and may include a base station on the roof of the building or inside the building subject to Clause 18(5).
  • Schedule – Means the Schedules to the clauses of this Scheme.
  • Scheme area – Means the area to which the scheme is applicable as indicated on the map.
  • Scrap yard – Means land and buildings used as a junk yard or scrap yard for the dismantling, stacking, storing or preparation for resale of any used material, scrap metals, scrap vehicles, scrap machinery or other scrap material, whether or not such dismantling took place with the aim of disposal or re-use of such scrap.
  • Sewerage works – Means land and buildings designed or used for the treatment and purification of sewage and may include ancillary offices and storerooms and ancillary and subservient uses deemed necessary by the Municipality.
  • Shop – Means land and buildings used for the purpose of retail trade directly to the public, including inter alia retail sale and display of products, “off-sales” facilities on properties licensed in terms of any liquor law, pet shops, a pharmacy, a confectionary, a take-away, swop shop, pawn shop, auctioneers business and includes a Retail Industry.
  • Showgrounds – Means land and buildings designed and used for exhibitions of inter alia agricultural, residential and industrial products, tourist destinations and accommodation, livestock, vehicles, lifestyle products, etc. and may include places of entertainment and refreshment ancillary to the exhibition.
  • Showroom – Means land and buildings designed or used only for display of products and materials and excludes the sale or delivery of such products or materials on the same property.
  • Side boundary – In relation to an erf or other portion of land means a boundary other than the street boundary or the rear boundary.
  • Sign – Means an advertsing sign as defined in the City of Tshwane Metropolitan Municipality: By-laws for the Control of Outdoor Advertising, 2006, as amended from time to time.
  • Site – In relation to zoning, FAR, coverage and parking calculations, means the whole of the area registered as an erf or other part of a property, including the area of any servitude registered over such erf or other part of a property.
  • Site development plan – Means a plan which shows the siting, elevations, finishings, parking areas and open spaces of the proposed development of a property and any salient natural features thereof, as prescribed by the Municipality.
  • Social hall – Means land and buildings used for, inter alia, social and cultural gatherings, recreation activities, wedding receptions, fairs, bazaars and a non-residential club but does not include a place of amusement and place of refreshment.
  • Spaza shop – Means a shop on a residential property only for the selling of daily convenience goods and prepared and pre-wrapped food, excluding alcoholic beverages, table games or electronic games.
  • Special use – Means land or buildings used for any purpose other than that herein defined.
  • Sport and recreation club – Means land and buildings used for indoor and/or outdoor sport such as soccer, rugby, cricket, hockey, tennis, swimming, golf etc. by members of the club and their guests only and may include dwelling-units for staff only, a place of refreshment and social hall ancillary and subservient to the main use on the property, which do not comply with Clause 17(4).
  • Sports ground – Means land and buildings used for sporting activities such as soccer, rugby, cricket, hockey, tennis, golf etc. and may include grandstands, change rooms, ablution facilities and other uses ancillary and subservient to the main use on the same property, which do not comply with Clause 17(4).
  • Storey – Means that part of a building which is situated between the top of any floor and the top of the floor above it or if there be no floor above it that portion between such floor and the ceiling above it (any mezzanine floor, open work floor, catwalk or gallery being taken to be part of the storey in which it is situated).
  • Street frontage – Means the common boundary between a property and a public street.
  • Street or public street – Includes any street, road, or thoroughfare shown on the General Plan of a township, agricultural holding or other division of land or in respect of which the public have acquired a prescriptive or other right of way or zoned as Existing Street.
  • Structure – Means a construction, permanent or temporary by nature, of any material or combination of materials, with or without a roof.
  • Subterranean rights – Means the use of land below a street for uses as approved by the Municipality.
  • Surrounding owners – Means the owners of any property abutting or sharing a common boundary with the relevant property including any property, which is only separated by a road and any such other owners of property in the near vicinity as the Municipality may specifically identify.
  • Tavern – Means land and buildings used for a combination of a Place of Refreshment and a Place of Amusement.
  • Tea garden – Means a place of refreshment.
  • Telecommunication centre – Means land and buildings used for telecommunications and includes sattelite dishes, antennas and electronic equipment.
  • Telecommunication mast – Means a mast and a base station which is designed for communication over a distance by means of telephone, radio, television etc.
  • Telecommunication services – Means telecommunication cables and poles, electronic equipment, excluding telecommunication masts.
  • Temporary uses – Means land and buildings used temporarily for uses in terms of Clause 14(8), which may be in conflict with the applicable zoning and general clauses of the Scheme, but which the Municipality has approved for a specific period not exceeding three months.
  • Theatre – Means land and buildings designed or used for stage performances or movie shows.
  • Townships board – Means the Townships Board as established in terms of the provisions of the Town-planning and Townships Ordinance, 1986.
  • Transport depot – Means land and buildings where vehicles used for cartage, transport services such as busses and trucks, security and emergency response vehicles, courier services in post, parcels and money or taxi services are parked, serviced, repaired and refuelled but excludes a transport terminus.
  • Transport terminus – Means land and buildings designed and used as a terminus or gathering place for various forms of transport arriving and departing from different directions or routes and may include wash bays for the vehicles, ablution facilities and a place of refreshment.
  • Use zone – Means that part of the Scheme Area that has been indicated by means of a distinguishing notation on the Map to indicate the zoning of the land.
  • Vehicle sales mart – Means land, with or without ancillary buildings, used for the display and/or sale of cars, trucks, motor cycles, agricultural implements, caravans, boats, tractors and trailers which are roadworthy and of good outward appearance, and may also include the hiring of vehicles as an ancillary use but excludes a motor dealership and a panel-beater.
  • Vehicle sales showroom – Means the display and sale of vehicles in a building only but does not include a scrap yard, public garage or vehicle sales mart or motor dealership.
  • Veterinary clinic – Means land and buildings used for the treatment, care and operations on animals and may include the sale of veterinary medicines and specialised animal food and ancillary animal products but does not include overnight facilities.
  • Veterinary hospital – Means a veterinary clinic with overnight facilities for animals.
  • Wall of remembrance – Means a structure where containers with the ashes of the deceased are interred in openings or niches in the structure and thereafter sealed and/or on which appropriate commemorative plaque can be attached.
  • Warehouse – Means land and buildings designed or used as a storage depot in conjunction with a wholesale trading establishment or any other storage depot.
  • Wholesale trade – Means the sale and provision of goods to retailers or the public.
  • Zone – Means that part of the Map which by distinctive colouring or in some other manner indicates the restrictions imposed by this Scheme on the erection and use of buildings or the use of land.
  • Zoo – Means land and buildings designed and used for the collection, care, breeding and display of animals in cages or enclosures and may include a place of refreshment and a place of instruction, which are ancillary and subservient to the main use on the same property.
Land Use Applications - Tshwane/Pretoria

Consent use and permission applications

  • Consent in terms of Clause 14(6)(c) of the Tshwane Town-planning Scheme, 2008 (revised 2014)
  • Permission for the erection of one additional dwelling house in terms of Clause 14(10) of the Tshwane Town-planning Scheme, 2008 (revised 2014)
  • Permission for the erection of a telecommunication mast in terms of Clause 14(11) of the Tshwane Town-planning Scheme, 2008 (revised 2014)
  • Permission to amend conditions of a permission in terms of Clause 15(6) of the Tshwane Town-planning Scheme, 2008 (revised 2014)
  • Consent use in terms of Clause 16 of the Tshwane Town-planning Scheme, 2008 (revised 2014)
  • Application for permission in terms of Clause 16(9) for partial or total non-compliance with the provisions of Clauses 16(2) and 16(3) of the Tshwane Town-planning Scheme, 2008 (revised 2014)
  • Permission to amend conditions of a consent use in terms of Clause 16(11) of the Tshwane Town-planning Scheme, 2008 (revised 2014) or any other town-planning scheme
  • Permission in terms of Schedule 25 of the Tshwane Town-planning Scheme, 2008 (revised 2014)
  • Application in terms of any Annexure T of the Tshwane Town-planning Scheme, 2008 (revised 2014)

Applications in terms of the Town-planning and Townships Ordinance, 1986 (Ordinance 15 of 1986)

  • Application in terms of section 62 or 63 for revoking a provision in an approved scheme or revoking an approved scheme
  • Amendment in terms of section 56 or 125

Consolidation application in terms of the Town-planning and Townships Ordinance, 1986 (Ordinance 15 of 1986)

  • Amendment of a consolidation plan before and after approval
  • Application in terms of sections 92(4)(a) and 92(4)(b) for the amendment of conditions of an approved consolidation application and/or cancellation of approval

Subdivision applications in terms of the Town-planning and Townships Ordinance, 1986 (Ordinance 15 of 1986)

  • Amendment of a subdivision plan: before and after approval
  • Application in terms of sections 92(4)(a) and 92(4)(b) for the amendment of conditions of an approved subdivision application and/or cancellation of approval

Simultaneous subdivision and consolidation application in terms of the Town-planning and Townships Ordinance, 1986 (Ordinance 15 of 1986)

  • Amendment of a subdivision and consolidation plan: before and after approval
  • Application in terms of sections 92(4)(a) and 92(4)(b) for the amendment of the conditions of an approved subdivision and consolidation application and/or cancellation of approval

Township establishment in terms of the Town-planning and Townships Ordinance, 1986 (Ordinance 15 of 1986)

  • Application in terms of section 96(4)(a)
  • Application in terms of section 100
  • Application in terms of section 99(1) for the division of a township in accordance with the approved layout plan
  • Application in terms of section 125
  • Extension of time: Application in terms of sections 72(1) and 101(2)

Gauteng Removal of Restrictions Act, 1996 (Act 3 of 1996)

  • Amendment of and application for the removal or amendment of restrictive conditions in a title deed in terms of sections 2 and 5 which necessitate re-advertising
  • Amendment of an application for the simultaneous rezoning or other land use application with the removal or amendment of restrictive conditions in a title deed in terms of section 5 which necessitate re-advertising
  • Consent or permission of the controlling authority or any other functionary as set out in terms of section 2(1), if not requested simultaneously with any other fand use application

Division of Land Ordinance, 1986 (Ordinance 20 of 1986)

  • Application in terms of section 17(3) for the amendment , if it is substantial and it needs re-advertising
  • Application in terms of section 17(3) for the amendment or deletion of conditions on which an application was approved

Gauteng Rationalisation of Local Government Affairs Act, 1998 Act 10 of 1998) (gated communities)

Applications in terms of the City of Tshwane Land Use Management By-law, 2016

Rezoning in terms of section 16(1)

Removal, amendment or suspension of title conditions in terms of section 16(2) and consent by the Municipality or by the Municipality as the controlling authority in terms of section 16(2)(d)

Reservation of a township name in terms of sections 16(4)

Township establishment or extension of boundaries in terms of section 16(4)

Division of a township in terms of section 16(5)

Amendment of an approved township in terms of section 16(4)

Approval of an alteration, amendment or cancellation of a general plan in terms of section 16(15)

Subdivision and/or consolidation in terms of sections 16(12)(a)(i) and (ii)

Subdivision in terms of section 16(12)(a)(iii)

Amendment of a land development application prior to approval in terms of section 16(18) or post-approval in terms of section 16(19)

Administrative amendment of conditions of application and administrative processes in terms of section 23(2)

Cancellation of a land development application in terms of section 23(3)

Registration of servitudes in terms of section 28(1)

Confirmation of land use rights for the registration or amendment of a sectional title scheme in terms of section 28(9)

Extension of time

Excision of an agricultural holding in terms of section

Other applications

Provision of reasons for decisions of the City Planning and Development Committee and/or Strategic Development Tribunal and/or Municipal Planning Tribunal and/or the Appeal Authority

Application in terms of Regulation 38 of the Town-planning and Townships Ordinance, 1986, section 16(10) of the Land Use Management By-law, read together with section 53 of SPLUMA

Any ad hoc approvals/consents that are not mentioned above

Lodging of an appeal

Zoning certificates

Zoning plans

Annexure T

Approved consent use and/or permission conditions

Zoning certificate with annexure

Zoning certificate with annexure plus plan

Guesthouse Policy

Local Geographical Names Policy

Land Use Applications – Johannesburg

Applications in terms of the Municipal Planning By-Law, 2016

Establishment of a township in terms of Section 26

Amendment of a Town Planning Scheme/Land Use Scheme(Rezoning) in terms of Section 21

Council’s consent in terms of the Municipal Planning By-Law 2016 in terms of Section 19 or a Town Planning Scheme /Land Use Scheme (unless otherwise specified) : including the following:

Second dwelling unit

Site development plan

Parking relaxation

Height increase

but excluding :Relaxation of a Building Line

Cancellation/Withdrawal of consent in terms of Section 19(7)(d)

Application for a repeal in terms of Section 25(3)(a)+(b)

Application in terms of Section 25(5) to refund the contribution already paid in respect of an amendment scheme which has been repealed.

Request in terms of Section 25(8)(a) to pay the contributions in instalments.

Subdivision of any other land: Section 35

Consolidation of Erven: Section 33

Subdivision of an Erf : Section 33

Request by applicant to cancel or amend conditions of subdivision: Section 34

Extension of time for subdivision : Section 33

Request by applicant to cancel or amend conditions of consolidation: Section 34

Extension of time for consolidation: Section 33

Abandonment of a rezoning application Section 22(5)

Amendment, Suspension or removal of Restrictive conditions or obligations, servitudes: Section 41

Appeals in terms of Section 51

Intervener Status in terms of Section 45(2)

Application for extension of time in terms of Section 19(10) to pay the contributions contemplated in Sections 19(7)(e) and (f).

Publication of amendment of a land use scheme in terms of Section 22(4) in the Provincial Gazette

Publication of a repeal notice in terms of Section 25(4) the Provincial Gazette

Request in terms of Section 25(8)(b) that the purchaser pay the contribution after transfer of the property.

Request in terms of Section 25(8)(c) that payment of the contribution be postponed and as that a guarantee for the contributions may be submitted to the Council.

Application in terms of Section 28(5) for extension of time to obtain approval of the General Plan.

Publication of notice in terms of Section 28(15) to declare a township as an approved township

Lodging of an application in terms of Section 29(1) to issue the certificate that erven may be transferred, contributions have been paid, services installed, building plans may be approved etc.

Application in terms of Section 31(1) to phase an approved (not proclaimed) township

Application in terms of Section 31(1)(a) for extension of time to submit an application to phase an approved township.

Extension of boundaries of a township in terms Section 32

Application in terms of Section 33(10) for extension of time to register the documents with the Surveyor General or the Registrar of Deeds.

Application in terms of Section 35(7) extension of time to lodge division plans with Surveyor General for approval.

Publication of notice and Schedule of Conditions in Provincial Gazette in terms of Section 39(8)

Publication of notice in terms of Section 42(4) in Provincial Gazette that the Section 41 application has been approved.

Application in terms of Section 44 for extension of time to pay external engineering services or parks contributions.

Application in terms of Section 47(4) to off-set external contribution payable against engineering services installed on behalf of the Council:

(a) Off-set of R5 million or less (per engineering service)

(b) Off-set of more than R5 million per engineering service

  • Request to pay township engineering services contribution in installments in terms of Section 47(9)
  • Publication in terms of Section 54(1)(a), (b) or (c) in the Provincial Gazette of a notice that an amendment scheme has been adopted
  • Application in terms of Section 56(2) by the new owner to continue with any development application before conclusion of such an application,
  • Sectional Title Clearance in terms of section 53
  • The amendment of a township application before approval, at the request of the applicant in terms of Section 26 (10)(a) and at the request of the Council in terms of Section 26(70)(b)
  • Exemption from complying with any Procedural Provision of this By— Law in terms of Section 66 of the By-Law
  • Excision from Agricultural Holding Register in terms of Section 69 of the By-Law
  • Alteration, Amendment or Cancellation of the General Plan in terms of Section 38 of the By-Law

Applications in terms of the Town Planning and Township Ordinance, 1986

Assessment of any documentation related to the issuing of the Section 64 certificate (excluding notarial ties and/or servitudes and/or documentation in respect of Non-profit Companies)

Certificate in terms of Section 64

Request/consent in terms of Ordinance, including the allocation of an Amendment Scheme number and the giving of comments or perusal or checking of the Scheme documents, in order that it can be signed by Province.

Applications in terms of the Town Planning and Township Ordinance, 1965

Application for extension of time:

(a) in terms of Section 20;

(b) to register the division with the Registrar of Deeds.

Continuation by new owner in terms of Section 23:

Certificate in terms of Section 25(1)(a)

Land Use Applications – Ekurhuleni

Applications in terms of the Town Planning and Townships Ordinance, 1986

Township Application in terms of Section 96

Advertisement of Township Application

Phasing/Division of Township i.t.o Section 99(1)

Consent to Amendment of documents i.t.o Section 100

Extension of Boundaries i.t.o Section 88

Council prepares Section 125 Amendment Scheme

Notice of Approval of Section 125 Scheme (proclamation notice)

Issuing of a certificate in terms of Section 101(1)

Extension of time i.t.o Section 72 or 101(2)

Amendment Scheme (rezoning). Section 56

Advertisement of Rezoning Application

Amendment of Section 56 and Section 125 which necessitate re-advertising

Application i.t.o Section 62 or 63 including for the revoking of a provision in an approved scheme or revoking an approved scheme

Application i.t.o Section 61(2) for amendment of the Scheme

Notice of Approval of Map 3’s /Amendment Scheme

Subdivision of Property – Section 92(1)(a)

Regulation 38 Certificates

Application for amendment of Subdivision plan or conditions of approval or cancellation of approval – Section 92(4)(a) and (b)

Consolidation of Properties – Section 92(1)(b)

Application for amendment of Consolidation plan or conditions of approval or cancellation of approval – Section 92(4)(a) and (b)

Simultaneous Subdivision and Consolidation in terms of Section 92(1)

Application for amendment of Subdivision and Consolidation plan

Application for amendment of Subdivision and Consolidation conditions of approval or cancellation of approval – Section 92(4)(a) and (b)

Applications in terms of the Town Planning Schemes

Building Line Relaxation

Special Consent

Written Consent

Relaxation of Height/Coverage as permitted by the Scheme

Relaxation of parking requirements as permitted by the Scheme

Site Development Plan (SDP)

Applications in terms of the Division of Land Ordinance 20 of 1986

Division of Land (Farm Land)

Application i.t.o Section 17 for the amendment or deletion of conditions.

Section 25 Certificate

Other Applications

Zoning Certificates

Provision of Reasons for a Council decision

Council or a Committee of Council inspects a property and conducts a hearing

Copy of Tribunal /Appeal Tribunal Agenda

Restriction of Access/Road Closure

Section 82

Service Agreement

Appeal in terms of Section 59, 104 and 139 of the Town Planning and Townships Ordinance (15 of 1986) read with the Spatial Planning and Land Use Management Act (16 of 2013)

Appeal in terms of Section 7 of the Gauteng Removal of Restrictions Act ( 3 of 1996) read with the Spatial Planning and Land Use Management Act (16 of 2013)

Intervener submissions

Services in different Areas/Towns/Cities/Provinces

Townplanner.co.za can assist you in any of the following areas, provinces, cities and towns:

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Tshwane (Pretoria)
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Free State
Mangaung (Bloemfontein)

Kwazulu Natal
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Tzaneen

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Strand

CITY OF JOHANNESBURG METROPOLITAN MUNICIPALITY

Regions and areas within the City of Johannesburg Metropolitan Municipality:

  • Region A – Diepsloot, Midrand and Ivory Park
  • Region B – Northcliff and parts of Sandton and Rosebank
  • Region C – Roodepoort
  • Region D – Soweto, Doornkop, Diepkloof and Meadowlands
  • Region E – Alexandra and parts of Sandton and Rosebank
  • Region F – Inner city and Johannesburg South
  • Region G – Ennerdale, Orange Farm, Lenasia, Eldorado Park and Protea
  • Other areas  – Alexandra, Diepkloof, Diepsloot, Ennerdale, Johannesburg, Johannesburg South, Lawley, Lenasia, Lenasia South, Meadowlands East, Meadowlands West, Midrand, Orange Farm, Pimville, Randburg, Roodepoort, Sandton, Soweto Airdlin Barbeque Downs Barbeque Downs Business Park Bloubosrand Blue Hills Broadacres Buccleuch Carlswald Chartwell Country View Crowthorne Dainfern Diepsloot Ebony Park Erand Farmall Glen Austin Halfway Gardens Halfway House Estate Headway Hill Houtkoppen Inadan Ivory Park Kya Sand Kya Sands Kyalami Agricultural Holdings Kyalami Business Park Kyalami Estates Maroeladal Midrand Midridge Park Millgate Farm Nietgedacht Noordwyk North Champagne Estates Paulshof Plooysville Rabie Ridge Randjesfontein AH Randjespark Riverbend AH Salfred Sunninghill Sunrella Trevallyn Trojan Vorna Valley Waterval City Willaway Witkoppen Albertskroon Albertville Aldara Park Amalgam Auckland Park Berario Beverley Gardens Blackheath Blairgowrie Bordeaux Bosmont Brixton Bryanbrink Bryanston West Clynton Country Life Park Cowdray Park Craighall Craighall Park Cramerview Cresta Crown Daniel Brink Park Darrenwood Dunkeld Dunkeld West Emmarentia Ferndale Florida Glen Fontainebleau Forest Town Glenadrienne Gleniffer Greenside Greymont Hurlingham Hurlingham Gardens Hyde Park Jan Hofmeyer Kensington B Linden Lyme Park Malanshof Melville Mill Hill New Brighton Newlands Northcliff Oerder Park Osummit Parkhurst Parkmore Parktown North Parkview Praegville President Ridge Randburg Randpark Randpark Ridge River Bend Rosebank Ruiterhof Sandhurst Solridge Sophiatown Strijdompark Vandia Grove Vrededorp Waterval Estate Westdene Westcliff Willowild Bromhof Bush Hill Constantia Kloof Douglasdale Fairland Florida Florida Hills Johannesburg North Jukskei Park Northgate Northriding Olivedale Roodepoort Weltevredenpark Zandspruit Abbotsford Alexandra Atholhurst Atholl Atholl Gardens Bagleyston Benmore Gardens Birdhaven Birnam Bramley Bramley North Bramley Park Bruma Bryanston Bryanston East Cheltondale Chislehurston Cyrildene Dalecross Dennehof Dunhill Edenburg Elton Hill Epsom Downs Fairway Fairwood Fellside Forbesdale Fourways Gallo Manor Glen Athol Glenhazel Greenstone Hill Gresswold Hawkins Estate Highlands North Houghton Estate (part) Hurl Park Illovo Inanda Kentview Kew Khyber Rock Killarney Klevehill Park Littlefillan Lone Hill Magalies View Magaliessig Marlboro Marlboro Gardens Maryvale Melrose Melrose Estate Melrose North Moodie Hill Morningside Morningside Manor Mountain View Norscot Northern Acres Norwood Oaklands Orange Grove Percelia Estate Petervale Raedene Estate Raumarais Park River Club Riviera Rivonia Sandown Sandton Savoy Estate Saxonwold Simba Strathavon Sunningdale Sunningdale Ridge Sunset Acres Sydenham The Gardens Victoria Wierda Valley Woodlands Woodmead Wynberg Aeroton Alan Manor Aspen Hills Bellevue Bellevue East Benrose Berea Bertrams Braamfontein Braamfontein Werf Chrisville City Deep City West-Denver City and Suburban City and Suburban Industrial Crosby Crown Gardens Crown North Doornfontein Droste Park Eagles Nest Eastcliff Elandspark Elcedes Electron Elladoone Evans Park Fairview Ferreirasdorp Fordsburg Forest Hill Framton Gillview Glenanda Glenesk Glenvista Haddon Heriotdale Highlands Hillbrow Homestead Park Houghton Estate (part) Jeppestown Jeppestown South Johannesburg Johannesburg South Joubert Park Judith’s Paarl Kenilworth Kensington Kibler Park Klipriviersberg Klipriviersberg Estate La Rochelle Lake View Estate Langlaagte North Liefde en Vrede Lindberg Park Linmeyer Lorentzville Malvern Marshalls Marshalltown Mayfair Mayfield Park Meredale Moffat View Mondeor Mulbarton Nasrec New Centre New Doornfontein Newtown North Doornfontein Oakdene Observatory Ophirton Ormonde Pageview Park Central Parktown Patlynn Prolecon Randview Regency Regents Park Regents Park Estate Reuven Rewlatch Reynolds View Ridgeway Riepen Park Risana Rispark Robertsham Roseacre Rosettenville Salisbury Claims Selby South Hills Southdale Southfork Southgate Spes Bona Springfield Stafford Steeledale Suideroord The Gables The Hill Theta Towerby Townsview Troyeville Tulisa Park Turf Club Turffontein Village Main Yeoville

EKURHULENI METROPOLITAN MUNICIPALITY

Areas within the Ekurhuleni Metropolitan Municipality:

  • Alberton, Bedfordview, Benoni, Birchleigh, Boksburg, Brakpan, Clayville, Daveyton, Dunnottar, Edenvale, Geduld, Germiston, Katlehong, Kempton Park, Kwa-Thema, Machenzieville, Nigel, Olifantsfontein, Springs, Tembisa, Tokoza, Vosloorus, Vorsterkroon

CITY OF TSHWANE METROPOLITAN MUNICIPALITY

Regions and areas within the City of Tshwane Metropolitan Municipality:

  • Eastern Region – Alphen Park; Arcadia; Ashlea Gardens; Bailey’s Muckleneuk; Brooklyn; Brummeria; Bryntirion; Clydesdale; Colbyn; Constantia Park; Die Wilgers; Eastcliff; Eastwood; Elardus Park; Equestria; Erasmuskloof; Erasmusrand; Faerie Glen; Garsfontein; Groenkloof; Hatfield   Hazeldene; Hazelwood; Hillcrest; Kilberry; La Montagne; Lukasrand; Lydiana; Lynnrodene; Menlo Park; Menlyn; Meyerspark; Monument Park; Mooikloof; Moreleta Park; Muckleneuk; Murrayfield; New Muckleneuk; Newlands;  Olympus; Pretorius Park; Rietvalleirand; Shere; Silver Lakes Estate; Sterrewag; Sunnyside; Trevenna; Val de Grace; Wapadrand and Zwavelpoort.
  • Southern Region – Amberfield; Bronberrick; Centurion; Christoburg; Claudius; Clubview; Cornwall Hill; Doringkloof; Eldo Glen, Eldo Park, Eldo View, Eldow Meadows; Eldoraigne; Erasmia; Hennopspark; Heuweloord; Heuwelsig; Highveld; Irene; Kloofsig; Laudium; Lyttelton, Lyttelton A.H. and Lyttelton Manor; Mnandi; Monavoni; Olievenhoutbosch; Pierre van Ryneveld Park; Raslouw; Rooihuiskraal; Rooihuiskraal North; Sunderland Ridge; The Reeds; Valhalla; Verwoerdburgstad; Wierdapark & Wierdapark X2Zwartkop.
  • Central Western Region– Atteridgeville; Lotus Gardens; Capital Park; Danville; Daspoort; Elandspoort; Eloffsdal; Hermanstad; Kwaggasrand; Laudium; Les Marais; Mayville; Mountain View; Pretoria West; Proclamation Hill; Salvokop; Weskoppies; Wespark
  • North West Region –    Amandasig; Booysens; Claremont; Chantelle; Dorandia; Florauna; Hermanstad; Karenpark; Kirkney; Klerksoord; Nina Park; Phillip Nel Park; Pretoria Gardens (better known as “Tuine”); Pretoria North; Proclamation Hill; Rosslyn; Suiderberg; The Orchards dupl. of Orchards; Theresapark; Tileba; Wolmer
  • North East Region –    Annlin; Bellevue; Bergtuin; Deerness; Derdepoort; Derdepoort Park; Despatch; Doornpoort; Eastlynne; Eersterust; Ekklesia; Gezina; Jan Niemand Park; Kilner Park; Koedoespoort; Lyndopark; Magalieskruin; Mamelodi; Montana Park; Montana Gardens; Môregloed; Nelmapius; Queenswood; Rietfontein; Rietondale; Riviera; Silverton; Silvertondale; Sinoville; Villieria; Waltloo; Waverley; Weavind Park; Wonderboom; Wonderboom South

METROPOLITAN MUNICIPALITIES WITHIN SOUTH AFRICA

    Buffalo City (East London)

  •     City of Cape Town
  •     Ekurhuleni Metropolitan Municipality (East Rand)
  •     City of eThekwini (Durban)
  •     City of Johannesburg
  •     Mangaung Municipality (Bloemfontein)
  •     Nelson Mandela Metropolitan Municipality (Port Elizabeth)
  •     City of Tshwane (Pretoria)

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