Transcript LAND USE SCHEME TRAINING SESSION 4 SCHEME

GOVAN MBEKI LAND USE
SCHEME, 2010
Demonstration
ROAD MAP
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Please refer to the Road Map in Chapter 3
of the Scheme.
EXAMPLE 1
The applicant is the owner of Holding X, Bethal
Agricultural Holdings, directly west of Bethal Ext 8.
 The property is 10 hectares in extent.
 Currently, the owner is servicing cars in his double
garage. The business is growing and he wants to
extend.
 He wants to start up a business where he sells and
services cars and motorcycles. He also wants to buy
written-off cars, dismantle them and sell the secondhand parts.
 He asks your advice as a Councillor of the
Municipality.
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CURRENT LAND USE RIGHTS
Check the Land Use Rights on the property by
printing a Land Use Rights Certificate from
RegLUR.
 (Demonstration to follow...)
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LAND USE RIGHTS
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His current Land Use Rights are for:
 Dwelling
House,
 Agriculture
 Agricultural Building.
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Thus, his existing car service business is illegal.
LAND USE DEFINITIONS (CHAPTER 5)
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Check the Land Use Definitions to determine
what type of land uses he must have to
conduct the business.
Scrap-yard
Land or 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 any other scrap materials, whether or not such dismantling
or storage is with a view to the disposal or re-use of such scrap.
Service Retail
A property or building used for the servicing, repair, installation or assembly of
electronic or electrical business, vehicle and household equipment or
appliances, including administrative offices directly related to the main use
and the retail sale of such equipment or appliances from the premises;
provided that all activities on the property are conducted inside the building
without causing any noise disturbance to the immediate surrounding
environment. Typical examples of a service retail use include, but are not
limited to, catering services, cool-chambers for fruit and vegetables, dressmakers and tailors, electricians, engravers, joineries, key-makers, laundries,
arts and crafts workshops, photographic studios (for development and
printing), plumbers, registration number plates, sign writers, tyres, exhaust
systems, tow-bars and vehicle spare parts and accessories, upholsterers,
auto electricians, repair workshops for air conditioners, blinds, roll-up doors,
boats, caravans, trailers, computers, cash registers, type writers, electrical
fittings and fixtures, jewelers, lawnmowers, radios, televisions, video
recorders, shoes and leather articles, tents, canvases, tarpaulins, vehicles,
motorcycles and bicycles.
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Vehicle Sales Market
 Land
used, with or without buildings, for the sale or
display of motor vehicles and/or boats and/or
caravans, including a showroom, but does not
include any form of workshops, sale of spare parts
or scrap yards.
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Thus, the Land Use Rights he must have are:
 Vehicle
sales market,
 Service retail, and
 Scrap yard.
LAND USE ZONE

Check in what land use zone the property falls.
LAND USE ZONE MAP BTL-06
LAND USE ZONE
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The applicable land use zone is “Low Impact
Industrial”.
LOW IMPACT INDUSTRIAL ZONE
4. LAND USE/ZONE MATRIX (CHAPTER 7)
COMPATIBILITY
Service retail is Permitted
 Vehicle Sales Market is Permitted
 Scrap Yard is Prohibited.
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(The Scrapyard is Permitted in the “Industrial”
zone.
ADVICE
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The applicant may apply for “Service Retail” and
“Vehicle Sales Market” on the property.
Scrap Yard is prohibited within that zone and thus on
that property
The bulk (size) of the business is limited to the bulk
restrictions as prescribed in the zone.
Parking will have to be provided as prescribed in
Chapter 11.
The application is in terms of the Scheme and he will
follow the application and notice procedures for a
Permitted use as set out in Chapters 13 to 15.
If he must have the “Scrap Yard” he has two options:
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Establish his business across the road in the “Industrial” zone, or
Apply for an Amendment of Scheme (Ordinance) to change the
zone on his property from “Low Impact Industrial” to “Industrial”.
FURTHER ADVICE
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He will also have to submit:
A Site Development Plan,
 A Landscape Plan,
 An Urban Design Plan, to mitigate possible impacts
from the industrial use.
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EXAMPLE 2
Erf X is an erf in Embalenhle Ext 20 with a
house and garage.
 The owner wants to sell limited groceries, beer
and food from his garage. He will have two
tables outside where his customers can sit and
consume the food and/or beer.
 He will still stay in the house.
 He asks your advise as the Ward Councillor.

LAND USE RIGHTS

The Register of Land Use Rights shows that the
current rights on the property are for:
 Dwelling

House
(Thus it is a normal residential property.)
WHAT RIGHTS DOES HE NEED?
 Tuck
shop
Conducting of limited retail trade of convenience goods
aimed at the local neighbourhood, from a portion of a
dwelling unit or outbuilding, separated with a firewall
and with a separate entrance, with a maximum extent
of 40m² or, if the total floor area is less than 100m²,
40% thereof, provided that the area used for the retail
trade should be subservient to the main use. Storage
space is regarded as part of the tuck shop area. A
spaza shop is regarded as a tuck shop and is included
in this definition.
 Tavern
The use of an outbuilding or portion of a dwelling unit,
separated by a firewall and separate entrance, by the occupant
of the dwelling unit for the sale of alcoholic and other
beverages and may include an indoor seated area for the
consumption of alcoholic and other beverages on the property,
as well as pool tables or any other indoor gaming activities,
excluding a gaming establishment, provided that the use is
subservient to the main use. A tavern may include the
preparation and consumption of food on the premises only. A
shebeen is regarded as a Tavern.
LAND USE ZONE
LAND USE ZONE
“MEDIUM-HIGH DENSITY RESIDENTIAL”
LAND USE/ZONE MATRIX
COMPATIBILITY
TAVERN is a Discretionary land use.
 TUCK SHOP is a Discretionary land use.
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(In other words, the uses may be compatible and
allowed under certain circumstances)
 Land owner will have to submit applications for
Discretionary uses and follow the specified
procedures for discretionary uses.
GENERAL DEVELOPMENT REGULATIONS
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Section 9.2.1 – Establishment of nonresidential uses in residential areas.
 Residential
amenity should in general be protected,
specifically, but not exclusively, from:
 significant changes to traffic conditions in local streets
including an increase in car parking demand, and
 noise, light or odours emitted from the site, and
 disturbance associated with the hours of operation
GENERAL DEVELOPMENT REGULATIONS
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Section 9.2.11 – The Establishment of Taverns
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Taverns may be allowed to operate between 10am in the morning until
2 am the next morning.
Sanitation facilities will be provided to the satisfaction of the
Municipality in the ratio of two separate facilities for males and females.
Facilities for the disposal of waste must be provided and provision must
be made for the recycling of cans and bottles.
Stock will not be delivered to the tavern by heavy delivery trucks and the
owner must fetch the stock at the depot.
The building or structure to accommodate the tavern shall be so
designed to harmonise with and, in its external appearance,
substantially conform to the existing residential development on the site
and in the area.
The amenity of the neighbourhood must not unduly be interfered with
by the proposed use.
GENERAL DEVELOPMENT REGULATIONS
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Section 9.2.14 – The Establishment of Tuck
Shops
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Tuck shops shall be limited to the sale of convenience goods
to the local community.
Tuck shops must be operated quietly without any
disturbance to the neighbours. The comments of adjacent
land-owners shall weigh heavily in the consideration of an
application.
The gross floor area used in conducting the Tuck shop,
including storage of any material or goods, may not exceed
40m², or if the sum of the gross floor area of the dwelling
house, second dwelling unit and ancillary building on the
property is less than 100m², 40% thereof.
REGISTER OF LAND USE RIGHTS
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Section 1.3.2 – “… the definitive source of the
land use and development rights …”
Three levels of users, protected by passwords:
 Administrator,
 Maintainer
 User
Can attach SDP, Building Plans and other docs
Automatically keeps an audit of every change made by the
Maintainer.
Reports can be extracted from the database.
Linked with the GIS
Potential to make it available to public on internet.
DEMONSTRATION - REGLUR
END OF SESSION 4.
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We thank you!