1

OPEN SPACE MANAGEMENT WORKSHOP

Johannesburg Botanical Gardens22 May 2009

TOWN PLANNING SCHEME REQUIREMENTS

3

INTRODUCTION

What is the purpose and function of a Town Planning Scheme ?

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.

4

LEGISLATION

The current Legal Framework for town planning comprises of the following town planning legislation :

Town Planning and Townships Ordinance, 1986 Gauteng Removal of Restrictions Act, 1996 Division of Land Ordinance 20 of 1986Development of Facilitation Act, 1995Development Facilitation Act - Regulations 2000Black Communities Development Act, 1994 (Regulations)Less Formal Townships Establishment ActNational Building Regulations and Standards Act,Various by-laws (outdoor advertising, etc.)Land Use Management BillGauteng Development Planning Act

5

TOWN PLANNING SCHEMES

The following Town Planning Schemes are in operation within the area of jurisdiction of the City of Johannesburg :

Johannesburg TPS, 1979Sandton TPS, 1980Peri-Urban TPS, 1975Randburg TPS, 1976Roodepoort TPS, 1987Lenasia South East TPS, 1998Halfway House and Clayville TPS, 1976Edenvale TPSSouthern Johannesburg Region TPS, 1963Walkerville TPS, 1994Modderfontein TPSLethabong TPSAnnexure F

6

Town Planning Schemes

within the areaof jurisdiction of the

City of Johannesburg

TOWN PLANNING SCHEMES

7

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* In terms of conditions in the Title Deeds* In terms of a condition of Rezoning

APPLICATION TYPES

8

SubmitApplication

Circulate forComments

All MOE’s,Internal Departments

External Departments,and Other Interested

Parties.

Refer to PlannersFor Evaluation

Consider ito Council Policies(SDF, RSDF, Precinct Plans)and sound town planning principlesImportant Consideration :* Availability of Engineering

Services* Environmental suitability

APPLICATION PROCESS

9

Decision

Approve / Refuse or referto Planning Committeefor hearing where objections are receivedor support contrary topolicy

Post DecisionLegal Admin

Check ComplianceApproval conditions

Issue certificates to confirmcompliance with EngineeringServices Requirements,Environmental legislation{MOE’s, Internal & ExternalDept’s (GDACE, Roads, etc)}SG Diagrams, Township Register, MAP 3’s, Contributioncalculations, Open Space contributions, etc

APPLICATION PROCESS (CONTINUED)

10

Proclaim

New Rightsin place

Advertise in ProvincialGazette

APPLICATION PROCESS (CONTINUED)

11

Obtain commentson Site Development

Plan

SubmitSite Development Plan

for Evaluation

MOE’s and InternalDepartments to evaluateproposed developmentin terms of approvedrights. SDP not to besigned off subject toConditions !!Changes to be madeprior to signing off

DEVELOPMENT PROCESS

12

Make changes andRe-circulate to affected

MOE’s / Dept’s

Approve SiteDevelopment Plan

SubmitBuilding Plans

DEVELOPMENT PROCESS (CONTINUED)

13

Check againstApproved SDP

MOE’s & InternalDepartments to sign offBuilding plan if allrequirements are met

ApproveBuilding Plans

Start Construction

DEVELOPMENT PROCESS (CONTINUED)

14

Site Inspectionsduring construction

Final Inspection(after completion)

Issue OccupationCertificate

DEVELOPMENT PROCESS (CONTINUED)

15

How is Open Space catered for in Town Planning Schemes ?

Definition

ZoningPublic Open SpacePrivate Open Space

Special conditions in Annexure / ScheduleConservation AreaMain Witwatersrand Ridge Policy

PROVISION for OPEN SPACE

16

PUBLIC OPEN SPACEAny land used by the general public as open space, park, garden, playground, recreation ground, sports ground, pleasure resort or square.

PRIVATE OPEN SPACEAny 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.

Typical definitions from a current Town Planning Scheme (e.g. Roodepoort Town Planning Scheme)

DEFINITIONS

17

PUBLIC OPEN SPACEMeans 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

PRIVATE OPEN SPACEMeans 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.

Proposed definitions in the new Johannesburg Town Planning Scheme

DEFINITIONS (CONTINUED)

18

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)

ZONING

19

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.

Special conditions imposed by way of ANNEXURE / SCHEDULE

SPECIAL CONDITIONS

20

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);

SPECIAL CONDITIONS (CONTINUED)

21

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.

SPECIAL CONDITIONS (CONTINUED)

22

Servitudes :

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.

Typical conditions imposed on approval of TOWNSHIP ESTABLISHMENT APPLICATION

TOWNSHIP ESTABLISHMENT CONDITIONS

23

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.

TOWNSHIP ESTABLISHMENT CONDITIONS (CONTINUED)

24

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.

TOWNSHIP ESTABLISHMENT CONDITIONS (CONTINUED)

25

Other Conditions :

1. The requirements of the following Council Departments / Municipal Owned Entities (MOE’s) shall be complied with (refer Annexure B)Technical Coordination

Johannesburg Roads Agency

Johannesburg Water

City Power

City Parks

Environmental Health

Environmental Planning and Management

Pikitup

TOWNSHIP ESTABLISHMENT CONDITIONS (CONTINUED)

26

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.

TOWNSHIP ESTABLISHMENT CONDITIONS (CONTINUED)

THANK YOU