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  1. Demonstration GOVAN MBEKI LAND USE SCHEME, 2010

  2. Please refer to the Road Map in Chapter 3 of the Scheme. ROAD MAP

  3. 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 second-hand parts. • He asks your advice as a Councillor of the Municipality. EXAMPLE 1

  4. Check the Land Use Rights on the property by printing a Land Use Rights Certificate from RegLUR. (Demonstration to follow...) CURRENT LAND USE RIGHTS

  5. His current Land Use Rights are for: • Dwelling House, • Agriculture • Agricultural Building. • Thus, his existing car service business is illegal. Land use rights

  6. Check the Land Use Definitions to determine what type of land uses he must have to conduct the business. • Scrap-yardLand 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. LAND USE DEFINITIONS (Chapter 5)

  7. 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, dress-makers 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.

  8. 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. • Thus, the Land Use Rights he must have are: • Vehicle sales market, • Service retail, and • Scrap yard.

  9. Check in what land use zone the property falls. Land Use Zone


  11. The applicable land use zone is “Low Impact Industrial”. LAND USE ZONE


  13. 4. LAND USE/ZONE MATRIX (Chapter 7)

  14. Service retail is Permitted Vehicle Sales Market is Permitted Scrap Yard is Prohibited. (The Scrapyard is Permitted in the “Industrial” zone. COMPATIBILITY

  15. 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: • 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”. ADVICE

  16. 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. FURTHER ADVICE

  17. 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. EXAMPLE 2

  18. 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.) LAND USE RIGHTS

  19. 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. WHAT RIGHTS DOES HE NEED?

  20. TavernThe 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.


  22. LAND USE ZONE“Medium-High Density Residential”


  24. TAVERN is a Discretionary land use. TUCK SHOP is a Discretionary land use. (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. COMPATIBILITY

  25. Section 9.2.1 – Establishment of non-residential 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

  26. Section 9.2.11 – The Establishment of Taverns • 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

  27. Section 9.2.14 – The Establishment of Tuck Shops • 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. GENERAL DEVELOPMENT REGULATIONS

  28. 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. REGISTER OF LAND USE RIGHTS


  30. We thank you! END OF SESSION 4.