Appendix 9 Kwamashu, Ntuzuma & Umlazi

216 APPENDIX 9 31/07/2013 KWAMASHU, NTUZUMA AND UMLAZI SECTION 1: GENERAL PAGES 218-230 1.1 Title 1.2 Responsible Authority 1.3 Reference to a Map 1.4 Purpose of the Scheme 1.5 Area of the Scheme 1.6 Effective Date 1.7 Amendment to the Scheme 1.8 Inspection of the Scheme 1.9 Status of Scheme 1.10 Use of Land and Buildings 1.11 Existing Use Rights 1.12 Exemptions 1.13 Applications 1.14 Powers of Entry and Inspection 1.15 Serving of Notices 1.16 Offences 1.17 Signage, Hoarding and Advertisements 1.18 Durban Metropolitan Open Space System 1.19 Consolidation of Land 1.20 Subdivision of Land 1.21 Rezoning of Land 1.22 Relaxation – Space About Buildings 1.23 Special Consent 1.24 Title Deed Conditions SECTION 2: DEFINITIONS PAGES 231-236 2.1 General Definitions 2.2 Land Use Definitions SECTION 3: SPACE ABOUT BUILDINGS PAGES 237-238 3.1 Building Lines 3.2 Side and Rear Spaces 01/13 217 APPENDIX 9 SECTION 4: ERF CONTROL PAGE 239 4.1 Minimum Erf Sizes 4.2 Minimum Frontage Requirements SECTION 5: FLOOR AREA AND COVERAGE PAGE 240 5.1 Floor Area 5.2 Coverage SECTION 6: DEVELOPMENT FACILATION TABLE PAGES 241-248f 6.1 Zone: Intention of the Zone, Map Reference, Primary, Consent and Precluded Uses. Development Parameters: Space About Buildings, Density, Minimum Erf Size, Height, Coverage, Floor Area Ratio and Additional Controls. SECTION 7: DEVELOPMENT STANDARDS PAGES 248g-248o 7.1 Base Telecommunications Transmission Stations (Cellular Masts and Antennae) 7.2 Design of Fuelling and Service Stations 7.3 Gaming/Gambling Establishment SECTION 8: RESERVATION OF LAND PAGE 248p 02/14 218 APPENDIX 9 SECTION 1: GENERAL 1.1 TITLE This Scheme shall be known as Appendix 9 of the Central Scheme. 1.2 RESPONSIBLE AUTHORITY The Municipality shall be the only authority responsible for enforcing and carrying into effect the provisions of the Scheme. 1.3 REFERENCE TO A MAP The Scheme Map comprises of a series of maps reflecting those areas fall under Appendix 9 of the Central Scheme within the region including mapping of the Durban Metropolitan Open Space System for the region. 1.4 PURPOSE OF THE SCHEME 1.4.1 Appendix 9 regulations and Maps form part of the Land Use Management System which applies to all Erven within the boundary of the Municipality (Central Region). 1.4.2 The purpose of the Scheme is to: (i) enable the comprehensive management of all erven (both private and public sector) within the Municipality; (ii) to promote and implement the applicable planning and development legislation and principles as adopted by the relevant National, Provincial and Municipal spheres of government from time to time; and (iii) to promote and implement the Vision and Strategies of the Integrated Development Plan in the realization of quality environments (v) to manage land-use rights, to provide facilitation over use rights, to manage urban growth and development, and to manage conservation of the natural environment, in order to: (a) Achieve co-ordinated and harmonious development in a way that will efficiently promote public safety, health, order, convenience and to protect the general welfare of the inhabitants of the Municipality; (b) Promote integrated and sustainable development through-out the area of jurisdiction; (c) Promote sustainable environmental management, conserve and protect environmentally sensitive areas; 02/14 219 APPENDIX 9 (d) Promote all forms of development and growth through sound Planning principles that would support a mix of land-uses managed in an appropriate manner. 1.4.3 Any application submitted prior to the adoption of this Scheme shall be assessed and finalised under the provisions of such former Scheme regulations, except if the applicant has in writing informed the Municipality that he / she withdraws such application. 1.4.4 Where the lawful utilization of land at the commencement of this Scheme does not comply with the zones of this Scheme, including the approval of an application under 1.4.3 above, the utilization shall be deemed not to constitute an offence. 1.5 AREA OF THE SCHEME The Scheme applies to all Erven within the jurisdiction of the Central Region of the Municipality as shown on the associated Scheme Maps relating to Kwamashu, Ntuzuma, and Umlazi 1.6 EFFECTIVE DATE The Effective Date of this Scheme is the 31st July 2013 1.7 AMENDMENT TO THE SCHEME The Municipality shall comply with the provisions as set out in the KwaZulu-Natal Planning and Development Act, 2008, (Act No. 06 of 2008). 1.8 INSPECTION OF THE SCHEME 1.8.1 The Scheme (Regulations and Maps) are public documents and open for inspection by the general public at any reasonable time. 1.8.2 A register of all applications and decisions on the Scheme Regulations and Maps shall be kept and shall be available for inspection by any person or persons at any reasonable time. 1.9 STATUS OF THE SCHEME 1.9.1 A Scheme is binding on the Municipality, all other persons and organs of state, except in the event of a conflict with the provisions of an Integrated Development Plan that was adopted prior to the Scheme or amendment to the Scheme. 1.9.2 The provisions of the Integrated Development Plan will prevail over the provisions of a Scheme in the event of a conflict with the provisions of an Integrated Development Plan that was adopted prior to the Scheme or amendment to the Scheme 1.9.3 The provisions of a Scheme that were adopted prior to the adoption of an Integrated Development Plan prevail in the event of a conflict with the provisions of the Integrated Development Plan. 1.9.4 A Municipality or any other organ of state may not approve a proposal to subdivide or consolidate land that is in conflict with the provisions of a Scheme. 1.9.5 A proposal to subdivide or consolidate land that is in conflict with the provisions of a Scheme is 02/14 220 APPENDIX 9 invalid. 1.9.6 Any part of a Scheme that applied to land that has been incorporated into another municipality in the Province as a result of the redetermination of a municipal boundary by the Demarcation Board in terms of the Local Government; Municipal Demarcation Act, 1998 (Act No. 27 of 1998), must be treated as a Scheme of the receiving Municipality. 1.9.7 A Scheme replaces all Town Planning Schemes with in the area to which it applies. The legal status of an existing building or structure that has been lawfully erected before the effective date of the adoption, replacement or amendment of a Scheme in terms of Chapter 1, Section 16 of the KwaZulu-Natal Planning and Development Act, 2008 (No. 06 of 2008) is not affected by the adoption, replacement or amendment of the Scheme. 1.9.8 Land that was being used lawfully before the effective date for the adoption, replacement or amendment of a Scheme contemplated in Chapter 1, Section 16 of the KwaZulu-Natal Planning and Development Act, 2008 (No. 06 of 2008) for a purpose that does not conform to the Scheme, may continue to be used for that purpose. Any extension to buildings or structures on land contemplated in this sub-section must comply with the Scheme. 1.10 USE OF BUILDINGS AND LAND 1.10.1 The types of buildings and land uses contemplated for this Scheme are defined in Section 2 of these clauses. 1.10.2 The extent and location of the various zones shall be as set out on the adopted Scheme Maps. Within each land use zone the defined buildings and land use activities contemplated are separated into three categories: (i) Primary: land may be used or buildings may be erected and used with the written authority the Municipality (ii) Special Consent: land may be used or buildings may be erected and used only with the Special Consent of the Municipality. (iii) Precluded: those buildings and land uses which are expressly prohibited. 1.10.3 In approving any application the Municipality shall take into consideration the nature of the proposed use in relation to the character of the area and impose whatever conditions it considers necessary to protect the amenities of the neighborhood, subject to the right of appeal as is contemplated in terms of the KwaZulu-Natal Planning and Development, 2008 (Act No. 06 of 2008). Any proposed use or development shall conform to the uses listed in these clauses for each land use zone. In this regard attention is drawn to the offences and penalties contemplated in terms of the KwaZulu-Natal Planning and Development, 2008 (Act No. 06 of 2008). 1.10.4 Any decision, order or authorization given by the Appeal Tribunal, and as confirmed or altered shall be deemed to be a valid authority granted to the Municipality, and, as such, shall be construed as being in accordance with the duly adopted provisions of the Scheme. 02/14 221 APPENDIX 9 1.11. EXISTING USE RIGHTS 1.11.1 The building types shall be defined as set out Section 2 of this Scheme. The extent and location of the various zones shall be as set out in the corresponding part of the Central Scheme Maps. 1.11.2 An existing building or an existing use of land which is not in conformity with the provisions of this Scheme relating to the erection and use of buildings and the use of land, may be maintained and may be used for their existing purposes, provided that such existing building or land use was approved in terms of the applicable legislation to it prior to the date of Adoption of this Scheme or if such existing building or use of land enjoyed an existing use right status at the date of Adoption of the applicable legislation to it.

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