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Table of Contents

WHAT IS A CONSENT USE APPLICATION? 

 

A Comprehensive Guide by Townplanner.co.za

👉 A consent use application is a strategic approach to securing specific development rights within the framework of the applicable Town Planning Scheme, without altering the primary zoning classification of the property.

👉 For instance, consent can be sought for establishing a crèche, a second dwelling, or a church within a Residential zoning.

👉 It’s important to note that consent use rights may be temporary and could expire if they are not exercised within a specified timeframe.

 

Secondary Land Use Rights and Compatibility

 

✅ In most town planning schemes, each zoning category has a primary right along with a set of secondary land use rights that can be granted with the consent of the local authority.

✅ The secondary rights encompass land uses that are typically compatible with, or expected to be present in, the area where the primary use is situated.

✅ Under a “Residential 1” zoning, land uses such as communes, churches (in various forms as “places of public worship”), retirement centers, social halls, childcare facilities (nursery schools, crèches, daycares, etc.), and guesthouses are generally considered compatible and expected within a residential area.

 

Purpose and Benefits of Consent Use Applications

 

These land uses primarily serve the area in which they are located. Guesthouses, for example, are typically situated in quieter neighborhoods that offer convenient access to public transportation, retail establishments, business hubs, and recreational facilities.

Individuals prefer having such facilities within or in close proximity to the areas where they conduct business or travel through.

Therefore, it is deemed sound town planning to allow such facilities within residential environments or areas. Since it is not possible to predetermine the ideal locations for such facilities, they are considered secondary rights, necessitating a consent use application for approval.

As consent use/secondary use rights, these permissions may lapse after 24 months of discontinued use or if the imposed conditions are not adhered to. This ensures that the planning process is followed, allowing for a comprehensive examination of the proposed use and its potential impact, and providing an opportunity to impose necessary development controls.

The objective is to minimize or eliminate any adverse effects that the proposed use might have on its surroundings.

 

Preserving the Character of the Area

 

🔶 In recent years, certain residential areas have faced growing pressure for non-residential development, resulting in a decline in aesthetic quality and overall amenity in some regions.

🔶 However, it is important to note that non-residential land uses have been limited to their designated zones and nodes. Generally, there has been minimal infiltration of these non-residential light industrial land uses into residential areas.

🔶 Granting consent use rights should not introduce a land use that deviates from the current character of the area.

🔶 When considering any change in land use within a specific area, it is crucial to assess the potential impact on the existing urban context, built form, character, and the rights of surrounding property owners, among other factors.

 

Evaluating the specific impact of the proposed use

 

✔️ In evaluating the specific impact of the proposed use, it is necessary to consider factors such as traffic generation, noise levels, visual impact, compatibility with surrounding land uses, and the overall effect on the neighborhood’s livability.

✔️ This evaluation ensures that the proposed use is in line with the goals and objectives of the town planning scheme and promotes sustainable development.

 

The Consent Use Application Process

 

1️⃣ The consent use application process typically involves submitting a formal application to the local planning authority or municipality.

2️⃣ The application should include detailed plans, drawings, and supporting documents that clearly outline the nature of the proposed use, its location, and its compliance with relevant regulations and guidelines.

3️⃣ The planning authority will review the application, assess its impact on the surrounding area, and consider any objections or concerns raised by neighboring property owners or other stakeholders. They may also conduct site visits and consultations with relevant departments or agencies to gather additional information.

 

Decision and Conditions

 

🏠 Based on their evaluation, the planning authority will make a decision regarding the consent use application. They may grant the consent use rights outright, impose specific conditions that must be met, or deny the application if it does not meet the necessary criteria.

🏠 If the consent use rights are granted, it is essential for the applicant to adhere to any conditions imposed by the planning authority. These conditions may relate to parking, landscaping, noise mitigation, operating hours, or any other aspect deemed necessary to mitigate potential negative impacts on the surrounding area.

 

Variations and Local Regulations

 

✅ It is important to note that the process and requirements for consent use applications may vary depending on the specific town planning scheme and local regulations.

✅ Therefore, it is advisable to consult with the relevant local authority or seek professional assistance to ensure compliance with the applicable procedures and guidelines.

✅ A consent use application is a formal request to obtain specific development rights within the framework of a town planning scheme, without changing the primary zoning classification of a property.

✅ It allows for the establishment of compatible land uses within designated zones, ensuring that any potential impacts on the surrounding area are adequately assessed and controlled.

✅ By following the appropriate process and meeting the necessary criteria, individuals and organizations can seek consent for uses that contribute to the overall functionality and livability of a neighborhood while respecting the rights of neighboring property owners.

 

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