Application for Consent Use in Tshwane: Requirements and Procedure
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. Documents and Information Required for the Application:
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. Advertisement Procedure
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. Objections:
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. Important Aspects Regarding the Application:
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).
Consent use for Residential 1 zoned properties
Securing consent use or approval from local authorities provides an array of alternatives for those owning properties in residential zones. This permission provides homeowners the versatility to transform their residences into various functional spaces, such as Backpackers’ hostels, Boarding houses, or Communal living facilities, and even specialized care centers like Day care for the Aged, circumventing the often complex and expensive rezoning procedures. This approval covers a wide array of uses, fostering a variety of services within residential areas, from Guest houses to Institutions and even Parking Sites.
Surprisingly, the range of permitted use isn’t confined only to commercial or community-focused services. There’s also an allowance for educational and religious establishments to be housed on the property, by facilitating a Place of Instruction or a Place of Public Worship, respectively. Additionally, sports amenities like Sports and Recreation Clubs or Sports and Recreation Grounds are permissible. For those leaning towards community engagement, a Social Hall could be an excellent choice. Taking into account the needs of senior citizens and pet owners, this consent can extend to Retirement Centers, Veterinary Clinics, or Veterinary Hospitals. Those who desire to commemorate their beloved ones can even establish a Wall of Remembrance. Therefore, by obtaining a simple consent use from a municipality, property owners have the opportunity to diversify the roles of their properties, contributing positively to their local community.