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Building Line Relaxation or Rezoning

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

Uploaded files:

Hi. you should apply for a building relaxation.

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

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

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 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.

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