Professional Documents
Culture Documents
Do you have
enough parking
Are you a
war ON your
business c e that your property or do
an be imp The City is transforming for
to you an ortant your customers
d few oth the better, do you know the
may cause ers, but park on the
a nuisanc City’s development plans, do
other resi e to you know the areas where streets?
d en c e s?
the City wants you to invest
in and the City’s Incentives
Policy?
What business can
I operate and what The container used
business I cannot for the business, did
operate on my you get permission How many
property? from Council first? backrooms can I
have in my yard?
LET TOWN
PLANNERS
TAKE
CONTROL
But why do we need town planning then?
To ensure the Bill of Rights enshrined in the Constitution is realised
To ensure land is properly used in a manner that is beneficial to all
To control and give order to various land uses so that they can co-exist
To spatially and strategically plan future growth and development
To redress the spatial, social and economic imbalances caused by the
apartheid planning system
To promote sustainable development
To provide much needed service to the community
To promote a healthy, clean and safe environment
To reduce long travelled distances to economic opportunities by
providing economic facilities/ infrastructure closer to the people e.g.
building malls in the townships and permitting local communities to
have legal and successful businesses (township economy)
To provide proper human settlements with all required facilities
To provide safe playing grounds with proper equipment's
Ensuring safe pedestrian crossings
Safe stalls for legal street traders
Ensuring that everyone is equal and can benefit in the new democratic
South Africa where there is tolerance and regard of law.
MASIHLALISANENI- building vibrant communities and restoring order.
LAW IS MADE TO PROTECT EVERYONE, NO ONE IS ABOVE THE LAW!
Town Planning IS about ENSURING PEOPLE, PLACE &
SPACES work together for good
TO ENSURE PROPER SERVICE PROVISION
Violation of
human’s rights
NO!
…AND RESTORE
DIGNITY HERE YES
Town planning creates vibrant communities with a
sense of belonging
TO ENSURE PROPER SPORT FACILITIES ARE
PROVIDED FOR ALL
NO
Township economy must co-exist with the formal economy and must be supported by
Government and residents for it to grow. All businesses must first apply to the
municipality to have proper developmental rights and neighbours must be informed.
CONSULTATION IS KEY!
Therefore, before laying that brick….
Zoning Business 1 You are allowed to have for example, Shops, Restaurants,
Hotels, Residential Buildings, Clinics, Medical Consulting
Rooms, Church, schools. Any use that you wish to have,
you need to apply for, to the Municipality for and obtain
permission. Remember to also submit the site
development plans and/or building plans after the
obtaining permission.
Coverage 70% 70% of the property can be covered by buildings (for
example: factory , covered washing bays
Height (in Storeys) 4 Number of floors/storeys that you may have on your
property
Density 60 dwelling units/hectare Example: in the case you use your property for flats, the
maximum number of units must not be more than 60 per
10000m²
Parking Requirements 2 parking spaces per 100m² Number of parking spaces (2 spaces per 100m²) you need
to provide INSIDE your property.
Building Line 5m street boundary and 1m X2 side You need to reserve meters you need to reserve on the
boundaries boundary sides and from the street boundary for
municipal services
EMMdoSPATIAL
How I knowAND LAND
which USE
uses MANAGEMENT
can be conducted
POLICIESfrom
APPROVED YEAR 2011-2014
my property?
Ask your local municipal town planner!
Every Customer Care Area in Ekurhuleni has municipal town planners that will advise you
on the following:
types of land uses that you may conduct from your property
procedures to follow in obtaining approval from the local authority in order to use your
property for alternative land uses.
EMM SPATIAL
What AND LAND
advise canUSE
I getMANAGEMENT
from
POLICIES
My localAPPROVED
municipal YEAR
town2011-2014
planner?
What can I use my property for in terms of its current zoning?
What are the current development control measures (height, coverage,
permissible floor area, building lines, parking requirements, side spaces, etc.) as
indicated in the EMM Town Planning Scheme in respect of my property?
Which other land uses can be done from my property?
Is there a Spatial Development Framework Plan for the area in which my
property is situated and which uses will be supported in terms of this plan?
What application procedure needs to be followed in order to be able to conduct
other land uses?
How long will such application procedure take?
What is the approximate cost of such application procedure?
What other studies or reports will have to accompany such application?
What are the basic requirements I need when applying for
ANY sort of business/ developmental rights?
NB: Please note that these are the basic requirements that you may need to attach to your full application,
some land development applications may require more or less documents. Remember to consult the town
planner for more details.
A fully motivated memorandum in support of the application. Including locality map, land use and zoning
map.
A site- or development plan in A4/A3 size.
A copy of the relevant title deed(s).
Bondholders consent, if property is bonded.
Special Power of Attorney from the registered owner (if application is made by someone else) and if
applicable, the bondholder’s consent.
Proof of newspaper/provincial gazette advertisements (full pages or editors' certificates).
*To be submitted after published.
Proof of posting necessary notice on the property for 14 days (affidavit, photograph and large notice). (To be
submitted after 14 days on site).
Proof that the notification of the neighbours as prescribed, were sent by registered mail or hand delivered.
Application fee as per the Council Tariffs.
What happens after I have applied for a
business/ developmental rights?
On receiving your application, the application will be assessed for correctness.
A reference number will be allocated for the application
The application will be circulated to the internal and external departments for
comments.
Once all comments have been received from the relevant departments, a
report/letter will be prepared for a decision by the decision makers.
If there are objections against the application, the application will be forwarded
to the Ekurhuleni Municipal Planning Tribunal, where a hearing will be
conducted to afford the valid objector and applicant the opportunity to present
their cases.
Once a decision has been made, the applicant will be notified of the decision
and will be liable to pay the bulk contribution fees (If applicable).
Once the fees have been paid Site Development plan (SDP) and/ building plans
can then be submitted.
Can I build new buildings on my property?
When you are found breaking the law the following shall apply:
Municipality may issue a written contravention and a non-compliance notice
to stop the illegal operation, to the owner of the property.
The illegal operation must stop within the prescribed number of days from the
date of said notice.
If you fail to stop the illegal operation, the Municipality will have a right to take
legal action against the owner of the property.
All the expenses related to the legal action taken will be for the account of the
owner of the property.
EMM SPATIAL
How do I dealAND
withLAND USE MANAGEMENT
an “alleged” illegal land
POLICIES APPROVEDuses?YEAR 2011-2014
Go to or call City Planning Department offices stationed in every Customer
Care Area in EMM.
Request a town planner to check the zoning of the property and if there were any
rights granted before
If there aren't any rights granted, you then report the illegal land uses
Then the town planner will refer the matter to the development inspector
The municipal development inspectors will then investigate and act, if necessary.
You must apply and pay for the applicable application fee which will depend on the type
and size of your business. You will be required to pay an amount to the improvement of the
area where the business will be operating from.
This amount will assist to ensure that service delivery is efficiently provided to ALL
residents of Ekurhuleni.
NB: NOT ALL BUSINESS OWNERS WILL BE REQUESTED TO CONTRIBUTE TOWARD THE
INFRASTRUCTURE SERVICES TO BE USED BY THE PROPOSED DEVELOPMENT/ BUSINESS.
MUNICIPALITY HAS POLICIES AND EXEMPTION MECHANISMS IN PLACE. JUST ASK THE
MUNICIPAL TOWN PLANNER FIRST FOR ADVISE!
THE MUNICIPALITY EXISTS TO SUPPORT YOU WITHIN REASONABLE MEANS-
BATHO PELE!
GENERAL RULES
Apply for the rights if they are not in place at your nearest CCA
Wait for a decision from Council.
Pay any outstanding fees(Service contributions), if Applicable
Submit your building plan (Check first if Side Development Plan is not required
before the Building Plan)
Wait for the approval of the building plan.
Pay the Service contributions if applicable
You then can start building, remember to contact the building Inspector during
the different building phases.
Remember before you move to the next process of the proposal,
always check if you are still on the right track.
CONTACT US ON…
REMEMBER: Know your Ward Councilor as they can help how to go about
running a legal business and information on development opportunities.
PLANNING OFFICE TOWN PLANNING LAW ENFORCEMENT BUILDING CONTROL