OPEN SPACE MANAGEMENT WORKSHOP
Johannesburg Botanical Gardens 22 May 2009
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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
LEGISLATION
¾ 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 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
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TOWN PLANNING SCHEMES
¾ 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
Halfway House and Clayville TPS, 1976
Edenvale TPS
Southern Johannesburg Region TPS, 1963
Walkerville TPS, 1994
Modderfontein TPS
Lethabong TPS
Town Planning Schemes
within the area of jurisdiction of the
City of
Johannesburg
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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
Submit Application Circulate for Comments All MOE’s, Internal Departments External Departments,
and Other Interested Parties.
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
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Decision
Approve / Refuse or refer to Planning Committee for hearing where
objections are received or support contrary to policy Post Decision Legal Admin Check Compliance Approval conditions
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
Proclaim
New Rights in place
Advertise in Provincial Gazette
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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
Make changes and Re-circulate to affected MOE’s / Dept’s Approve Site Development Plan Submit Building Plans
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Check against Approved SDP
MOE’s & Internal
Departments to sign off Building plan if all
requirements are met
Approve Building Plans
Start Construction
Site Inspections during construction Final Inspection (after completion) Issue Occupation Certificate
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How is Open Space catered for in Town Planning Schemes ?
¾ Definition ¾ Zoning
Public Open Space
Private Open Space
¾ Special conditions in Annexure / Schedule Conservation Area
Main Witwatersrand Ridge Policy
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.
Typical definitions from a current Town Planning Scheme (e.g. Roodepoort Town Planning Scheme)
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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
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.
Proposed definitions in the new Johannesburg Town Planning Scheme
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
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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
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);
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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.
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
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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.
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.
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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
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.
