Application for Consent Use in Tshwane: Requirements and Procedure E-Tshwane portal

This manual provides guidance for applicants seeking to submit an electronic application for Consent Use in Tshwane, in accordance with Clause 16 of the Tshwane Town-planning Scheme, 2008 (Revised 2014) and section 16(3) of the City of Tshwane Land Use Management By-law, 2016 (LUM By-law). It is essential for applicants to familiarize themselves with the relevant legislation and policies applicable to the Tshwane Metropolitan Municipality to ensure compliance. This article outlines the application requirements, procedure, advertisement process, and important considerations.

E-Tshwane portal Land Use Application Submission

1. Aim of e Tshwane portal

1.1 The aim of this manual is to assist applicants in preparing and submitting their electronic Consent Use applications. The Municipality reserves the right to request additional information as necessary to support the decision-making process. Applicants must stay informed about the relevant legislation and policies applicable to the City of Tshwane.

2. Application Requirements and Procedure:

2.1 Applicants must submit their Consent Use applications on the e-Tshwane portal, following the prescribed forms COT: Scheme Form/1 and COT: Scheme Form/CU1. Along with the application fee, the submission must include the required maps and documents outlined in Paragraph 3.

2.2 The application must adhere to the provisions of Clauses 16(2), (3), and (5)(b) of the Tshwane Town-planning Scheme, 2008 (Revised 2014), and section 16(3) of the LUM By-law.

2.3 Applications can be submitted electronically through www.e-tshwane.co.za.

2.4 The application must be submitted before advertisement, in line with the requirements of Clause 16(9) of the Tshwane Town-planning Scheme, 2008 (Revised 2014), the LUM By-law, and relevant principles. Once the application is submitted and an item number is generated, the applicant can proceed with the public participation process. However, it is advised not to advertise the application before submitting it on the e-Tshwane portal to avoid the need for additional advertisements.

3.1 Proof of payment for the application fee, including a scanned copy or PDF of the official receipt or proof of electronic fund transfer (EFT) payment. The application will not be processed without confirmation of payment.

3.2 A covering letter addressed to the Economic Development and Spatial Planning Department.

3.3 Information provided on the e-Tshwane portal as outlined in COT: Scheme Form/1 and COT: Scheme Form/CU1.

3.4 If the applicant is not the property owner, a power of attorney complying with COT: Scheme Form/2 and section 46 and schedule 21 of the LUM By-law must be submitted.

3.5 If the property is encumbered by a bond, the consent of the bondholder must be provided.

3.6 A motivating memorandum that includes a detailed description of the proposed Consent Use, references to relevant legislation, objectives and principles, adherence to land development application requirements, and considerations of public interest, constitutional obligations, engineering services, and environmental impact.

3.7 Proposed development controls prepared in accordance with to the scheme COT: Scheme Form/CU2 and the “Guidelines for the compilation of Land Use Scheme related documents for land development applications in terms of section 12(3) of the City of Tshwane Land Use Management By-law, 2016.”

3.8 Locality, zoning, and land use plans substantially following Annexure A, Annexure B, and Annexure C as examples.

3.9 A site plan on a scale of 1:500 or as determined by the Municipality, indicating the layout of the proposed development, parking arrangements, and landscaped areas, in accordance with Annexure D as an example.

3.10 A copy of the registered title deed or proof of registered ownership or beneficial ownership of the property, including all relevant pages and endorsements, if available. If a draft title deed is not acceptable, the registered copy must be provided.

3.11 A copy of a zoning certificate issued within the last three months.

3.12 A copy of the body corporate resolution for a Sectional Title Scheme.

3.13 A list of adjoining owners, as required by Clause 16(2)(c) of the Tshwane Town-planning Scheme, 2008 (Revised 2014).

4.1 As per the LUM By-law, the application must be submitted before advertising. The applicant will receive notification of successful submission on the e-Tshwane portal.

4.2 The applicant must advertise the application within 28 days of receiving the notification.

4.3 The advertisement must comply with Clauses 16(2) and 16(3) of the Tshwane Town-planning Scheme, 2008 (Revised 2014), and Schedule 23 of the LUM By-law. Please note that Schedule 23 remains in effect beyond the state of national disaster.

4.4 Adjoining owners must be notified as part of the public participation process, in accordance with section 16(1)(iii) and Schedule 13 of the LUM By-law. Alternative methods of notification are available.

4.5 Proof of public participation must be submitted within seven days after the closing date for objections, demonstrating compliance with the Tshwane Town-planning Scheme, 2008 (Revised 2014), section 16(3), and Schedule 23 of the LUM By-law.

5.1 Individuals wishing to object or provide comments on the application must electronically submit their objections or comments to the Municipality, including their full contact details and reasons for objection or comment.

5.2 The rights granted by the Consent Use may not be exercised until 42 days after receiving notification of the decision from the Authorised Official, Municipal Planning Tribunal, or Municipal Appeals Tribunal, for appeal purposes as per section 16(1)(y) of the LUM By-law and section 51 of the SPLUMA.

6.1 Applications must adhere to the Tshwane Town-planning Scheme, 2008 (Revised 2014), the LUM By-law, and the provisions outlined in this document. Please note Regulation 16(3) and 16(6) of the SPLUMA regarding the administrative phase and timelines.

6.2 Applicants should ensure there are no other restrictions in the Tshwane Town-planning Scheme, 2008 (Revised 2014), National Building Regulations and Building Standards Act, 1977, the title deed, conditions of establishment, or any other applicable laws. If a restrictive condition exists in the title deed, a separate application under section 16(2) of the LUM By-law is required.

6.3 Compliance with the conditions of

approval for Consent Use, as stipulated in section 16(3)(f) of the LUM By-law, is crucial. Prior to exercising any rights granted by the consent, the applicant must:

• Comply with the conditions of approval to the satisfaction of the Municipality.
• Provide proof of compliance with the conditions to the satisfaction of the Municipality.
• Pay the prescribed amount determined in accordance with section 16(c)(iii) or make suitable payment arrangements to the satisfaction of the Municipality.
• Note that property transfer and approval of building plans cannot occur before the payment of the required fees mentioned in section 16(c)(iii).

Submitting a Consent Use application in Tshwane requires adherence to the Tshwane Town-planning Scheme, 2008 (Revised 2014), the LUM By-law, and the specific requirements outlined in this manual. Applicants should ensure they follow the correct procedure, provide all necessary documentation, and comply with advertising and objection processes. By understanding the application requirements and procedures, applicants can increase their chances of obtaining Consent Use approval from the Municipality.

Requirements for Land Development Applications

In this article, we will delve into the specific requirements for land development applications as outlined in Section 16 of the LUM (Land Use Management) By-law. Understanding these requirements is crucial for applicants to ensure compliance and navigate the application process smoothly.

When submitting a land development application under Section 16, it is necessary to provide a letter from the Municipality confirming the application’s completeness, as per Regulation 14(1)(i) of the Act and the LUM By-law. Failure to receive confirmation within the prescribed time has implications for advertising and remains subject to the LUM By-law provisions.

The applicant is obligated to send or publish the application exactly as submitted to the Municipality. Any modification, addition, alteration, or removal of information that was not part of the original application constitutes a contravention of the provisions outlined in Schedule 13 read with Schedule 23. Such contravention is considered an offense.

Failure to provide a copy of the land development application within the specified time period results in the request for a copy being regarded as an objection. The person who requested the copy will be deemed an objector of record in the process.

The applicant must retain proof of any request made and their compliance with the request for a copy of the application. This documentation should be submitted along with proof of advertising, as stipulated in the Schedules related to the land development applications mentioned in the introduction.

Adhering to the requirements outlined in Section 16 of the LUM By-law is essential for successfully navigating the land development application process. By understanding these requirements, applicants can ensure compliance, avoid contraventions, and facilitate a smooth progression of their development projects.

What are the key principles considered in evaluating land development applications?

Land development applications are evaluated based on SPLUMA (Spatial Planning and Land Use Management Act) principles, particularly Section 7 and Section 42. These principles encompass spatial justice, spatial sustainability, efficiency, spatial resilience, and public interest.

The National Development Framework, as well as Provincial Spatial Frameworks, play a significant role in land development evaluations. They aim to reduce urban sprawl, promote public transport, shorten travel distances, foster a walkable city, encourage a mix of housing types within neighborhoods, accelerate economic growth, fight poverty, and establish sustainable communities.

Council policies are important factors in evaluating land development applications. These policies provide guidelines and regulations specific to the local council or municipality. They help ensure that proposed developments align with the overall vision and goals of the council.

The Integrated Development Framework (IDP) is a comprehensive plan that focuses on sustainability, provision of basic services, spatial restructuring, and densification. It provides a framework for evaluating land development applications, ensuring that they contribute to the sustainable development of the area and meet the needs of the community.

Metropolitan Spatial Development Frameworks emphasize spatial restructuring, densification, and the creation of a compact urban form. They promote efficient land use, well-connected activity streets, and nodal development within the metropolitan area.

Regional Spatial Development Frameworks highlight the importance of the region’s densification zone, compact urban form, corridor development, and activity corridors. These frameworks guide land development evaluations by focusing on sustainable and coordinated development in the region.

Please note that the answers provided are based on the information you provided in the content. It’s important to consult relevant local regulations, guidelines, and authorities for specific details related to land development evaluations in your area.