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OPEN SPACE MANAGEMENT WORKSHOP Johannesburg Botanical Gardens 22 May 2009 TOWN PLANNING SCHEME REQUIREMENTS
INTRODUCTION What is the purpose and function of a Town Planning Scheme? 3 To manage the use of land in coordinated way and to avoid conflict of uses that could cause various problems for the landowners and controlling authority within a given area. The Town Planning Scheme is therefore a legal requirement that governs the use on each site across the City of Johannesburg. It also provides for a legal process to manage change of those uses over time.
LEGISLATION The current Legal Framework for town planning comprises of the following town planning legislation : 4 Town Planning and Townships Ordinance, 1986 Gauteng Removal of Restrictions Act, 1996 Division of Land Ordinance 20 of 1986 Development of Facilitation Act, 1995 Development Facilitation Act - Regulations 2000 Black Communities Development Act, 1994 (Regulations) Less Formal Townships Establishment Act National Building Regulations and Standards Act, Various by-laws (outdoor advertising, etc.) Land Use Management Bill Gauteng Development Planning Act
TOWN PLANNING SCHEMES The following Town Planning Schemes are in operation within the area of jurisdiction of the City of Johannesburg : Johannesburg TPS, 1979 Sandton TPS, 1980 Peri-Urban TPS, 1975 Randburg TPS, 1976 Roodepoort TPS, 1987 Lenasia South East TPS, 1998 5 Halfway House and Clayville TPS, 1976 Edenvale TPS Southern Johannesburg Region TPS, 1963 Walkerville TPS, 1994 Modderfontein TPS Lethabong TPS Annexure F
TOWN PLANNING SCHEMES Town Planning Schemes within the area of jurisdiction of the City of Johannesburg 6
APPLICATION TYPES TOWNSHIP ESTABLISHMENT * In terms of the Town Planning and Townships Ordinance, 1986 * In terms of the Development Facilitation Act, 1995 REZONINGS * In terms of the Town Planning and Townships Ordinance, 1986 * In terms of the Removal of Restrictions Act, 1996 * In terms of the Development Facilitation Act, 1995 REMOVAL OF CONDITIONS OF TITLE * In terms of the Removal of Restrictions Act, 1996 SUBDIVISION & CONSOLIDATION AND DIVISION OF LAND * In terms of the Town Planning and Townships Ordinance, 1986 * In terms of the Division of Land Ordinance, 1986 CONSENT USE * In terms of the various Town Planning Schemes 7 * In terms of conditions in the Title Deeds * In terms of a condition of Rezoning
APPLICATION PROCESS Submit Application Circulate for Comments All MOE s, Internal Departments External Departments, and Other Interested Parties. 8 Refer to Planners For Evaluation Consider ito Council Policies (SDF, RSDF, Precinct Plans) and sound town planning principles Important Consideration : * Availability of Engineering Services * Environmental suitability
APPLICATION PROCESS (CONTINUED) Decision Post Decision Legal Admin Check Compliance Approval conditions Approve / Refuse or refer to Planning Committee for hearing where objections are received or support contrary to policy Issue certificates to confirm compliance with Engineering Services Requirements, Environmental legislation {MOE s, Internal & External Dept s (GDACE, Roads, etc)} SG Diagrams, Township Register, MAP 3 s, Contribution calculations, Open Space contributions, etc 9
APPLICATION PROCESS (CONTINUED) Proclaim Advertise in Provincial Gazette New Rights in place 10
DEVELOPMENT PROCESS Obtain comments on Site Development Plan Submit Site Development Plan for Evaluation MOE s and Internal Departments to evaluate proposed development in terms of approved rights. SDP not to be signed off subject to Conditions!! Changes to be made prior to signing off 11
DEVELOPMENT PROCESS (CONTINUED) Make changes and Re-circulate to affected MOE s / Dept s Approve Site Development Plan Submit Building Plans 12
DEVELOPMENT PROCESS (CONTINUED) Check against Approved SDP Approve Building Plans MOE s & Internal Departments to sign off Building plan if all requirements are met Start Construction 13
DEVELOPMENT PROCESS (CONTINUED) Site Inspections during construction Final Inspection (after completion) 14 Issue Occupation Certificate
PROVISION for OPEN SPACE How is Open Space catered for in Town Planning Schemes? Definition Zoning Public Open Space Private Open Space Special conditions in Annexure / Schedule Conservation Area Main Witwatersrand Ridge Policy 15
DEFINITIONS Typical definitions from a current Town Planning Scheme (e.g. Roodepoort Town Planning Scheme) PUBLIC OPEN SPACE Any land used by the general public as open space, park, garden, playground, recreation ground, sports ground, pleasure resort or square. PRIVATE OPEN SPACE Any land zoned private open space for the use as open space, garden, ornamental garden, playground, recreation ground, rest site, sports ground, or pleasure resort to which the general public has no right of access except with consent. 16
DEFINITIONS (CONTINUED) Proposed definitions in the new Johannesburg Town Planning Scheme PUBLIC OPEN SPACE Means property which is under or will be under the ownership of the Council or other public authority, with or without access control, and which is set aside for the public as an open space for recreation, games, sport or cultural activity; including a park, playground, public square, picnic area, public garden, nature reserve, outdoor or indoor sports stadium, and includes associated buildings and uses as permitted by the Council, including restaurants, cafés, golf course, and any apparatus, facility, structure or building which in the opinion of the Council is necessary or expedient for the purposes of such open space 17 PRIVATE OPEN SPACE Means land zoned private open space, with or without access control and which can be used as a private ground for sports, play, rest and recreation, or as an ornamental garden; pleasure ground; golf course; or for buildings reasonably required in connection with such uses.
ZONING No (1) USE ZONE (2) NOTA- TION (3) PRIMARY LAND USE RIGHTS (4) SECONDARY LAND USE RIGHTS (5) PROHIBITED LAND USES 12 PUBLIC OPEN SPACE Public open space None Uses not in column 3 13 PRIVATE OPEN SPACE Private open spaces Sport and recreation clubs, agricultural purposes, dwelling units, residential buildings, urban agriculture, recreation resort Uses not in columns (3) and (4) 18
SPECIAL CONDITIONS Use Zone : Private Open Space Special Conditions : 1. A Site Development Plan to the satisfaction of the Council shall be submitted for the proposed development on the erf and the adjoining Private Open Space erf and be approved prior to the approval of building plans and/or the development of the site 2. The erf shall be landscaped, by the planting of indigenous trees and shrubs, and maintained to the satisfaction of the Council. 19 Special conditions imposed by way of ANNEXURE / SCHEDULE
SPECIAL CONDITIONS (CONTINUED) 3. Existing indigenous trees shall be retained and incorporated into the development / landscaping of the erf; 4. No development shall be permitted within the 1:100 year flood line without the consent of the Council 5. The water course and the area within the 1:100 year flood line shall be retained and maintained to the satisfaction of the Council in collaboration with the relevant Council department/s and Municipal Owned Entities (MOE s); 20
SPECIAL CONDITIONS (CONTINUED) 6. All external parking areas, driveways and walkways shall be constructed with permeable material. 7. On-site storm water attenuation may be provided within the area between the 1:100 year flood line and the boundary of the erf if required, with the consent of the Council and shall be maintained to the satisfaction of the Council (JRA); 8. The storm water attenuation area shall be fenced and all the necessary safety precautionary measures shall be imposed, implemented and maintained by the owner at all times to the satisfaction of the Council. 21
TOWNSHIP ESTABLISHMENT CONDITIONS Servitudes : Typical conditions imposed on approval of TOWNSHIP ESTABLISHMENT APPLICATION 1. A Servitude for municipal purposes over Erven 5, 6, 7 and 8 (Private Open Space) shall be registered in favour of the Council. Endowment : 1. A park endowment shall be payable in terms of Clause 98(2) of the Town Planning and Townships Ordinance, 1986. 22
TOWNSHIP ESTABLISHMENT CONDITIONS (CONTINUED) Section 21 Company : 1. The owner (albeit a body corporate, residents association or owners association) of Erven 3 and 4 shall at all times be proportionately responsible for the development and maintenance of Erven 6, 7 and 8 (Private Open space) to the satisfaction of the Council; 2. Each and every owner of erven 3 and 4 in the township shall become a member of the Owners Association upon transfer of the erf or the unit. Such association shall have full responsibility for the functioning and proper maintenance of the Private Open Space erven (Erven 6, 7 and 8) and the essential services contained therein which are not taken over by the Council. 23
TOWNSHIP ESTABLISHMENT CONDITIONS (CONTINUED) 3. The Council shall not be liable for the malfunction of the storm water drainage system and/or any essential services, which are not taken over by the Council. 4. The developer shall submit the necessary proof (Memorandum of Undertaking) that the Council s engineering services departments and its emergency services are guaranteed 24-hour access to the Private Open Space erven (Erven 6, 7 and 8) to maintain Council s installations and provide services to the owners / residents in the development. 24
TOWNSHIP ESTABLISHMENT CONDITIONS (CONTINUED) Other Conditions : 1. The requirements of the following Council Departments / Municipal Owned Entities (MOE s) shall be complied with (refer Annexure B) 25 Technical Coordination Johannesburg Roads Agency Johannesburg Water City Power City Parks Environmental Health Environmental Planning and Management Pikitup
TOWNSHIP ESTABLISHMENT CONDITIONS (CONTINUED) 2. Department of Agriculture, Conservation, Environment and Land Affairs (Gauteng Provincial Government) The conditions and requirements as stipulated in the Record of Decision in terms of Section 22 of the Environmental Conservation Act, 1989 (Act 73 of 1989) by the Department of Agriculture, Conservation, Environment and Land Affairs (Gauteng Provincial Government) in the letters with Reference No s Gaut 002/05-06/0923 and 002/05-06/923 dated 5/12/2007 and 17/04/2008 respectively shall be complied with to the satisfaction of the controlling authority. 26
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