Quote from AT Mathebula on April 21, 2022, 3:45 pm

Hi. you should apply for a building relaxation.

Quote from S Mareere on April 21, 2022, 4:29 pm

We had a similar case in Edenburg area (along Wessel Road) in CoJ, where the 20m building line restrictions formed part of the approved Map 3s. The main rezone, why the building line was inserted, in the early 90s, was to protect the adjacent residential uses (at the back of the property) from the business uses along Wessel Road. In this case we did a PPM Enquiry and the City recommended a rezoning application. The rezoning application has since been approved and promulgated recently. 

Therefore, It is highly likely that you will require to do a rezoning application. However, I suggest you proceed with a PPM Enquiry to the City before submitting a full application.

Kind regards,

Stewart

Quote from GC Human on December 14, 2022, 10:25 am

Good Day Steward,

 

Thank you for your input. We did do the PPM Enquiry, and the outcome was that we should also rezone. It is unfortunate, but we will do the rezoning once our clients confirm continuation.

Kind Regards,

Gerhard

Quote from ME Human on January 18, 2023, 8:50 am

Good day,

Similar to your enquiry on Building Lines stipulated on the Zoning Certificate - an enquiry to the relaxation of the FAR of less than 0.1 in terms of the Joburg LUM, I was advised that if it stated - as per scheme - a permission application may be submitted.  Should the FAR be noted as 0.35 on the Zoning Certificate - then any other request have to be made via a rezoning application.

This implies a much more thorough approach of issuing Zoning Certificates on existing rights of a property.

Any comments?

Quote from Herman on January 29, 2023, 4:26 pm

Quote from GC Human on March 11, 2022, 9:14 am

Good Day Planners,

I have a general question. 

I have zoning certificate, please see attached, for a property in Johannesburg that is zoned Special. The building lines are as per the annexure of the approved conditions of the amendment scheme application.

Condition B4. of the annexure reads as follow: "A building restriction area of 20 meters wide shall apply along the entire length of the northern boundary of the erf. This area shall be reserved for landscaping and garden purposes and no buildings, internal driveways or parking of any nature, but excluding any road widening required by the Local Authority, shall be permitted in this area. A building Line of 5 meters shall apply on all other boundaries."

I would like to apply for building plans within the 5 meter side building line and need to relax the 5m building line to 2m

Question:

Do I need to apply for building line relaxation application or should I apply for a rezoning application for the amendment of Condition B4 of the approved conditions?

Kind Regards

I would think that this will be a rezoning application. I have a friend (a town planner) that had a similar situation in Pretoria with one of his clients. He had to rezone.

Quote from M Magau on June 14, 2023, 8:45 pm

Quote from GC Human on March 11, 2022, 9:14 am

Good Day Planners,

I have a general question. 

I have zoning certificate, please see attached, for a property in Johannesburg that is zoned Special. The building lines are as per the annexure of the approved conditions of the amendment scheme application.

Condition B4. of the annexure reads as follow: "A building restriction area of 20 meters wide shall apply along the entire length of the northern boundary of the erf. This area shall be reserved for landscaping and garden purposes and no buildings, internal driveways or parking of any nature, but excluding any road widening required by the Local Authority, shall be permitted in this area. A building Line of 5 meters shall apply on all other boundaries."

I would like to apply for building plans within the 5 meter side building line and need to relax the 5m building line to 2m

Question:

Do I need to apply for building line relaxation application or should I apply for a rezoning application for the amendment of Condition B4 of the approved conditions?

Kind Regards

Based on the information you provided, it seems that your property in Johannesburg is zoned as "Special" and has specific building lines outlined in the conditions of the amendment scheme application. Condition B4 states that a building restriction area of 20 meters wide applies along the entire length of the northern boundary, while a building line of 5 meters applies on all other boundaries.

To proceed with your plan of building within the 5-meter side building line and relaxing it to 2 meters, you would typically need to follow the relevant procedures for obtaining the necessary approvals. Here's a breakdown of the two options you mentioned:

1. Building Line Relaxation Application: If the existing zoning allows for building line relaxations, you may apply for a building line relaxation. This typically involves submitting an application to the local planning or building control department, along with detailed building plans that clearly show the proposed changes to the building line. The municipality will review your application and assess whether the relaxation request aligns with their regulations and policies. If approved, you would be granted permission to build within the relaxed building line.

2. Rezoning Application for Amendment of Condition B4: Alternatively, if the existing zoning and conditions do not allow for building line relaxations, you may need to pursue a rezoning application. Rezoning involves requesting a change in the zoning regulations or the specific conditions attached to your property. In this case, you would submit a rezoning application to the relevant municipality, outlining your reasons for requesting the change from the 5-meter building line to the desired 2 meters. The application will go through a review process, including public participation and assessment by planning authorities. If approved, the rezoning would amend the condition and allow for the revised building line.

It is important to note that the specific requirements and processes can vary between municipalities and may be subject to local by-laws and regulations. Therefore, it is recommended to consult with the local planner or building control department in Johannesburg or Pretoria to confirm the exact procedure and requirements for either a building line relaxation or a rezoning application. They will provide you with the necessary guidance based on the specific regulations applicable to your property.