SIMULTANEOUS REMOVAL OF RESTRICTIVE CONDITIONS AND AMENDMENT OF LAND USE SCHEME – ERF 1093

MOTIVATING MEMORANDUM

IN SUPPORT OF THE APPLICATION FOR THE SIMULTANEOUS REMOVAL OF RESTRICTIVE CONDITIONS AND AMENDMENT OF LAND USE SCHEME (REZONING)

IN TERMS OF ERF 1093 EMMARENTIA

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SIMULTANEOUS REMOVAL OF RESTRICTIVE CONDITIONS AND AMENDMENT OF LAND USE SCHEME – ERF 1093 EMMARENTIA

MOTIVATING MEMORANDUM IN SUPPORT OF THE APPLICATION FOR THE SIMULTANEOUS REMOVAL OF RESTRICTIVE CONDITIONS AND AMENDMENT OF LAND USE SCHEME (REZONING) IN TERMS OF ERF 1093 EMMARENTIA

1. INTRODUCTION

1.1 AIM OF THE APPLICATION The aim of the application is to amend the City of Land Use Scheme, 2018, in terms of Erf 1093, located at 20 Linden Road, Emmarentia township, by submitting a Simultaneous Removal of Restrictive Conditions and Amendment of Land Use Scheme (rezoning) Application to the City of Johannesburg, to remove certain restrictive title deed conditions and to amend the zoning from “Residential 1” to “Residential 2” to enable the registered owners of the abovementioned property to develop multiple dwelling units (9 dwelling units).

This Simultaneous Removal of Restrictive Conditions application is submitted in terms of Section 41 of the City of Johannesburg Municipal Planning By-Law, 2016 and Amendment of Land Use Scheme (Rezoning) Application in terms of Section 21 of the City of Johannesburg Municipal Planning By-Law, 2016 read together with the Spatial Planning and Land Use Management Act (Act 16 of 2013).

This application will provide all current and proposed site details and attributes, the need and desirability of the proposed development and how it adheres to the relevant policies within the City of Johannesburg and its relevance to the context of Emmarentia, wherein the site is located.

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SIMULTANEOUS REMOVAL OF RESTRICTIVE CONDITIONS AND AMENDMENT OF LAND USE SCHEME – ERF 1093 EMMARENTIA

2. SITE DETAILS

2.1 LOCATION Erf 1093 is located at 20 Linden Street, Emmarentia, Johannesburg.

1:2500 2.1.1. AERIAL VIEW OF ERF 1093 EMMARENTIA

1:2000 Please find the Locality Map attached.

2.2 ERF AREA Erf 1093 measures 2487.95m²

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SIMULTANEOUS REMOVAL OF RESTRICTIVE CONDITIONS AND AMENDMENT OF LAND USE SCHEME – ERF 1093 EMMARENTIA

2.3 EXISTING LAND USE The site currently has a single dwelling house (residential use only)

2.4 SURROUNDING LAND USE PATTERN The surrounding land use pattern is as follows: North of site: Erf 1132 – Multiple Dwelling Units Erf 1116 – Public Garage East of site: Erf 1096 – Educational (Religious) South of site: Erf 1094 – Dwelling House West of site Erf 1088 – Dwelling House Erf 1092 – Multiple Dwelling Units

The surrounding land uses are indicated on the Land Use Plan attached.

2.5 EXISTING ZONING CONTROLS In terms of the City of Johannesburg Land Use Scheme 2018, the following zoning controls are currently applicable to ERF 1093 EMMARENTIA: ZONING CONTROL DESCRIPTION

ERF 1093

USE ZONE Residential 1

PRIMARY RIGHTS Single Dwelling Unit

FAR 1,2

COVERAGE 50%

DENSITY As per scheme for “Residential 1”

HEIGHT ZONE A – Maximum 3 storeys

BUILDING LINES As per scheme

PARKING As per scheme

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SIMULTANEOUS REMOVAL OF RESTRICTIVE CONDITIONS AND AMENDMENT OF LAND USE SCHEME – ERF 1093 EMMARENTIA

2.6 SURROUNDING ZONING STRUCTURE In terms of the City of Johannesburg Land Use Scheme 2018, the following zoning pattern surrounds Erf 225:

North of Site: “Residential 3” and “Public Garage”

South of Site: “Residential 1”

East of Site: “Educational”

West of Site: “Residential 2” and “Residential 1”

The surrounding zoning patterns are indicated on the Zoning Plan attached.

3. LEGAL INFORMATION

3.1 DEED OF TRANSFER DOCUMENT The title deed transfer number in relation to Erf 1093 Emmarentia is T23825/1997

The Title Deed is attached in the Annexure.

3.2. OWNERSHIP Erf 1093 Emmarentia is registered in the name of Rashid Van Schalk.

3.3. BONDHOLDER INFORMATION There is no bond attached to Erf 1093 Emmarentia.

3.4. RESTRICTIVE CONDITIONS 3.2.1. The Title Deed T23825/1997 in respect of erf 1093 Emmarentia contains 4 restrictive conditions on Pages 3 and 4, that limit the development of multiple dwelling units. The application is made for the Removal of the following Restrictive Conditions:

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SIMULTANEOUS REMOVAL OF RESTRICTIVE CONDITIONS AND AMENDMENT OF LAND USE SCHEME – ERF 1093 EMMARENTIA

• Page 3, Clause h: “the roofs of all buildings to be erected on the erf shall, except with the permission in writing of the applicants, be covered with slates, thatch, tiles or shingles to be approved by the applicants” • Page 3, Clause k: “not more than one private dwelling with the necessary outbuildings shall be erected on the erf. The dwelling and necessary outbuildings to be erected on the erf shall cost not less than R2500.00” • Page 3, Clause m: “Except with the consent in writing of the local authority after consultation with the applicants the dwelling to be erected shall have its main frontage on the road or street on which the erf is situated. Should the erf be situated on more than one roadway, elevations approved by the applicants shall be provided to each roadway. Outbuildings shall be built simultaneously with the dwellings which shall be a complete house and not one partly built and intended for completion at a later date” “ (i) Buildings erected on erven fronting on Levubu Road, Hofmeyr Drive, Linden Road and The Braids shall be located not less than 9,14 metres from the street boundary” “(ii) buildings erected on erven fronting on RUSTENBURG ROAD, shall be located not less than 7,62 metres from the street boundary” “(iii) buildings erected on erven fronting on all other streets in the Township shall be located not less than 7,10 metres from the street boundary” • Page 3, Clause n: “subject to municipal by-laws the location of the outbuildings shall be in the discretion of the applicants”

3.5. REMOVAL OF RESTRICTIVE CONDITIONS

The Removal of Restrictive Conditions Application is made in terms of Section 41 of the City of Johannesburg Municipal Planning By-Law, 2016 in order to remove four restrictive conditions in the title in order to accommodate the uses proposed by the Rezoning Application for the change in land use to “Residential 2” to allow for the primary uses listed under “Residential 2” in the City of Johannesburg Land Use Scheme 2018, with the intention of developing multiple dwelling units

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SIMULTANEOUS REMOVAL OF RESTRICTIVE CONDITIONS AND AMENDMENT OF LAND USE SCHEME – ERF 1093 EMMARENTIA

3.5.1. Condition to be Removed: Page 3, Clause h: “the roofs of all buildings to be erected on the erf shall, except with the permission in writing of the applicants, be covered with slates, thatch, tiles or shingles to be approved by the applicants” This condition limits the owner from utilising more feasible and sustainable roofing materials that may be more environmentally friendly, durable, weather resistant and viable as opposed to the materials mentioned in the condition above.

3.5.2. Condition to be Removed: Page 3, Clause k: “not more than one private dwelling with the necessary outbuildings shall be erected on the erf. The dwelling and necessary outbuildings to be erected on the erf shall cost not less than R2500.00”

The proposed rezoning from “Residential 1” to “Residential 2” will allow for the development of multiple dwelling units. The proposed rezoning applies for the development to contain nine dwelling units on the erf. Multiple dwelling units allow access to housing for those with a preference of smaller sized dwelling units as opposed to a house. The removal of this restrictive condition will allow for the said rezoning to “Residential 2” and the proposed development of these multiple dwelling units.

3.5.3. Condition to be Removed: Page 3, Clause m: “Except with the consent in writing of the local authority after consultation with the applicants the dwelling to be erected shall have its main frontage on the road or street on which the erf is situated. Should the erf be situated on more than one roadway, elevations approved by the applicants shall be provided to each roadway. Outbuildings shall be built simultaneously with the dwellings which shall be a complete house and not one partly built and intended for completion at a later date” The above condition does not allow for the development of multiple dwelling units. By removing this condition, it will allow the owner to develop the proposed nine dwelling units as opposed to being restricted to only developing a single dwelling house.

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SIMULTANEOUS REMOVAL OF RESTRICTIVE CONDITIONS AND AMENDMENT OF LAND USE SCHEME – ERF 1093 EMMARENTIA

“ (i) Buildings erected on erven fronting on Levubu Road, Hofmeyr Drive, Linden Road and The Braids shall be located not less than 9,14 metres from the street boundary” “(ii) buildings erected on erven fronting on RUSTENBURG ROAD, shall be located not less than 7,62 metres from the street boundary” “(iii) buildings erected on erven fronting on all other streets in the Township shall be located not less than 7,10 metres from the street boundary”

The above conditions are restrictive and obsolete as they limit the owner from developing the multiple dwelling units on the erf. By removing these conditions surrounding the building lines, it will allow the design of the proposed nine dwelling units in a manner that is spatially suitable in order to allow for the optimum design of each dwelling unit without jeopardising on ease of movement, flow, and an adequate balance between building and open space. The application calls for the relaxation of these building lines with a 3m building line from the street boundary along Linden Road and a 1m building line along all other boundaries. This is in line with other residential developments in the area and is adequate in terms of access, design and proportion.

3.5.4. Condition to be Removed: Page 4, clause (n): “subject to municipal by-laws the location of the outbuildings shall be in the discretion of the applicants” The removal of the above condition will allow the owner to design the multiple dwelling units and any outbuildings according to adequate design principles that will allow for convenience, aesthetic value and in alignment with town planning controls.

4. AMENDMENT OF LAND USE SCHEME (REZONING) 4.2. ZONING PROPOSALS

The aim of this rezoning application, in terms of Erf 1093 Emmarentia, is to amend the City of Johannesburg Land Use Scheme 2018, from “Residential 1” to “Residential 2” for the purpose of multiple dwelling units.

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SIMULTANEOUS REMOVAL OF RESTRICTIVE CONDITIONS AND AMENDMENT OF LAND USE SCHEME – ERF 1093 EMMARENTIA

USE ZONE DEFINITION AS PER THE CITY OF JOHANNESBURG LAND USE SCHEME 2018

RESIDENTIAL 2 DWELLING UNITS

“RESIDENTIAL 2”, as defined in the City of Johannesburg Land Use Scheme 2018, allows for the proposed use that is multiple dwelling units. The purpose of this rezoning is to allow for residential purposes, accompanied by the adequate amount of parking space for occupants and visitors, as well as the essential amount of open space that is required for pedestrian movement within the site, as well as vehicle manoeuvring. The proposed development of dwelling units is in alignment with the surrounding land use pattern.

4.2. ZONING CONTROLS: “RESIDENTIAL 2” In accordance with the City of Johannesburg Land Use Scheme, 2018

• For multiple dwelling units

• The floor area ratio (FAR) shall be 1,0

• The height of the building shall not exceed 3 storeys (Height Zone A)

• The total coverage of the buildings shall not exceed 60%

• Vehicle and Pedestrian access to the site will be on Linden Road, Emmarentia.

• Parking provision: 2 bays per unit (1,0 bays per unit plus 1,0 per three units for visitors)

• Building lines: 3m from street boundary

1m from other boundaries

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SIMULTANEOUS REMOVAL OF RESTRICTIVE CONDITIONS AND AMENDMENT OF LAND USE SCHEME – ERF 1093 EMMARENTIA

4.3. PROPOSED ZONING AMENDMENT TABLE

ZONING “RESIDENTIAL 2”

LAND USE Dwelling Units

FLOOR AREA RATIO 1,0 (FAR)

COVERAGE 60% for two storeys

HEIGHT Height Zone A - up to 3 storeys

DENSITY 36.2 du/ha

As Per Scheme PARKING Residential: 1,0 bays up to 3 habitable rooms plus 1,0 bay per three units for visitors

3m from street boundary BUILDING LINES 2m along new works and 1m along existing structures

Vehicular and Pedestrian entrance and exit points will ACCESS be along Linden Road

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SIMULTANEOUS REMOVAL OF RESTRICTIVE CONDITIONS AND AMENDMENT OF LAND USE SCHEME – ERF 1093 EMMARENTIA

5. TOWN PLANNING INFORMATION

5.2. ACCESSIBILITY Erf 1093 may be accessed from Linden Road, Emmarentia

5.3. PROPOSED ACCESS TO THE ERF Access will remain the same - the site will obtain access and have its clearly demarcated access points on Linden Road, Emmarentia.

5.4. LOCATION IN RELATION TO ITS SURROUNDS AND ASSOCIATED ACTIVITIES The portion of Emmarentia that Erf 1093 falls within displays the following characteristics: • Strong prevalence of Residential land uses - This portion of Emmarentia is largely of a residential nature. There is a diversity in dwelling types in Emmarentia such as a predominance of dwelling houses and multiple dwelling untits. Erf 1093 finds a “Residential 3” zoning to the north at Erf 1132 and “Residential 2” zoning to the west at erf 1092. Both erven present multiple dwelling units. • The social component in close proximity to erf 1093 presents an “Educational” zoning to the east and south-east of the site, which is utilised for religious purposes to cater for the community of Emmarentia and Greenside.

5.5. ACCESSIBILITY AND LINKAGE THROUGH VEHICLE MOBILITY, PUBLIC TRANSPORTATION AND PEDESTRIAN MOVEMENT Erf 1093 Emmarentia will obtain access from Linden Road. Linden Road is adjacent to Barry Hertzog Avenue – a mobility spine that is a key public transportation spine, Rea Vaya, bus route with multiple bus stops as well as a daily taxi route. This allows easy access to the site along Linden Road.Linden Road may be accessed from Barry Hertzog Avenue, a mobility spine as well as a BRT Complementary Route, which provides Emmarentia with a North-South linkage. Barry Hertzog Avenue is an activity spine and arterial route that provides a linkage from and Melville all the way to

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SIMULTANEOUS REMOVAL OF RESTRICTIVE CONDITIONS AND AMENDMENT OF LAND USE SCHEME – ERF 1093 EMMARENTIA

Emmarentia and Greenside. Barry Hertzog Avenue also links up with Judith Road in Emmarentia which leads to Beyers Naude Drive to the west. This is also an arterial route that is also a bus route and provides accessibility from areas such as and Cresta all the way to Northern areas such as Honeydew and . Erf 1093 has an easy access to the fundamental Mobility Spine that is Barry Hertzog Avenue that initiates in Melville and with it being a complementary BRT Route, it is along this road that resident’s access public transportation and utilise the BRT system to and from the areas surrounding Auckland Park and is a popular route in accessing the Johannesburg CBD.

The site is therefore easily linked to surrounding areas and may be accessed easily through private or public transportation along these arterial routes. The site may also be linked to Parkview and Rosebank to the East, both home to residential and business land uses as well as high activity streets and large movement zones through public transportation, the Gautrain Station in Rosebank as well as largely utilised taxi and BRT routes. The site is in a predominantly residential suburb. Accessibility to the road network is well established. Mobility and linkage to surrounding amenities and areas to and from the proposed site via the road network is legible and well-defined.

5.6. PARKING Parking on the site will be provided as per the requirements and recommendations of the City of Johannesburg Land Use Scheme 2018 for Dwelling Units. There will be a provision of 18 parking bays in total of on-site parking. The position of majority of the parking bays on the proposed site will be located to the posterior of the site and will not hinder pedestrian access or patrons’ accessibility to the site.

PROPOSED NUMBER OF BAYS PARKING REQUIREMENT PROVIDED ON-SITE 1 bays up to 3 habitable rooms plus 9 Dwelling Units 18 1,0 bay per three units for visitors TOTAL 18

The Site Plan attached illustrates the position of the 18 parking bays provided on-site.

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SIMULTANEOUS REMOVAL OF RESTRICTIVE CONDITIONS AND AMENDMENT OF LAND USE SCHEME – ERF 1093 EMMARENTIA

6. MOTIVATION

6.2. NEED AND DESIRABILITY Emmarentia is a predominantly residential suburb that presents amenities for residents and facilities that are conducive for convenience and a community-based lifestyle. The need for the containment of the residential core land-use is prevalent and therefore it is desirable to further expand on this residential nature while aligning with the Nodal Review 2020 by developing multiple dwelling units.

6.2. COMPLIANCE WITH RELEVANT POLICY AND FRAMEWORKS 6.2.1 SPATIAL PLANNING AND LAND USE MANAGEMENT ACT (SPLUMA) 2013 Section 7 of SPLUMA (Act 16 of 2013) outlines the development principles that apply to spatial planning, land development and land-use management.

The following table illustrates how the proposed development of multiple dwelling units on Erf 1093 Emmarentia will align with these principles and will comply with SPLUMA 2013 in the following manner:

SPLUMA Referral How will the proposed site Erf 1093 Emmarentia comply? under Section 7: The proposed Bdevelopment of multiple dwelling units is in 7(a) alignment with spatial policies and frameworks and seeks to Spatial Justice maintain the residential core of Emmarentia 7(b) The proposed development of multiple dwelling units on site Spatial allows prospective occupants with convenient access to Sustainability surrounding facilities, amenities and economic opportunities. Erf 1093 Emmarentia will utilise existing infrastructure and follow Erf 1093 the land-use management processes in place by the City of Emmarentia Johannesburg. This will ensure that all relevant authorities and

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SIMULTANEOUS REMOVAL OF RESTRICTIVE CONDITIONS AND AMENDMENT OF LAND USE SCHEME – ERF 1093 EMMARENTIA

departments agree with the said development, allowing the proposed site to develop in an efficient manner, placing no additional strain on infrastructure. 7(d) Erf 1093 Emmarentia complies with the objectives and guidelines Spatial Resilience declared in the CoJ Nodal Review 2019/2020 The Simultaneous Removal of Restrictive Conditions and Rezoning 7(e) Application process for Erf 1093 Emmarentiais guided by the Good requirements of the City of Johannesburg and will follow all Administration regulations and processes as set out by the Council.

6.2.2. THE JOHANNESBURG REGIONAL SPATIAL DEVELOPMENT FRAMEWORK (RSDF) 2009/10 FOR REGION B EMMARENTIA/GREENSIDE PRECINCT PLAN

Erf 1093 Emmarentia falls within sub area 9 of the RSDF for Region B (2009/10). It also forms part of the Emmarentia/Grenside/ Precinct Plan. Plan Number 29 of the Greenside/Emmarentia Precinct Plan (RSDF Region B, 2009/10).

Much emphasis is placed on the preservation of the residential core, and the proposed development aims to maintain a residential use in the form of multiple dwelling units.

Intervention 5, Sub Area 9 of the RSDF for Region B states, “support medium density residential development along Judith/Linden Road” The proposed development is of 9 dwelling units is therefore in alignment with the RSDF for Region B.

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SIMULTANEOUS REMOVAL OF RESTRICTIVE CONDITIONS AND AMENDMENT OF LAND USE SCHEME – ERF 1093 EMMARENTIA

Greenside/Emmarentia Plan No. 29

The proposed rezoning from “Residential 1” to “Residential 2” in order to develop 9 dwelling units is in accordance with the land uses and zoning pattern within the RSDF for Region B and is therefore compatible with the Emmarentia/Greenside Precinct Plan.

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SIMULTANEOUS REMOVAL OF RESTRICTIVE CONDITIONS AND AMENDMENT OF LAND USE SCHEME – ERF 1093 EMMARENTIA

6.2.3. CITY OF JOHANNESBURG NODAL REVIEW POLICY 2019/20

Map 48 of the The City of Johannesburg Nodal Review Policy 2019/2020 illustrates that the proposed site Erf 1093 Emmarentia this is along Linden Road is earmarked for a density of 60du/ha. The proposed development of 9 dwelling units presents a density of 36.2du/ha and is therefore within the maximum threshold. The proposed development is therefore in alignment with the Nodal Review 2019/2020. Map 48 is contained in the annexure.

6.3. COMPATIBILITY

The proposed development as a medium-density residential use does not deter from its surrounding land-use pattern nor does it demonstrate a land-use that may negatively impact the existing physical

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SIMULTANEOUS REMOVAL OF RESTRICTIVE CONDITIONS AND AMENDMENT OF LAND USE SCHEME – ERF 1093 EMMARENTIA

environment or adjacent erven. The proposed development of multiple dwelling units is surrounded by the same land-use (under zoning of “Residential 2 and 3 ”)

The development of multiple dwelling units under a rezoning of “Residential 2” is in direct correlation to all above-mentioned policy frameworks and precinct plans and is therefore compatible with the land-use pattern, policy, precinct goals and region objectives.

6.4. SERVICES

The proposed site will not require additional bulk infrastructure provision that will put a strain on the existing water, electricity and sewage service network. There is a THREE-PHASE electricity supply present on the site and the proposed development will successfully run off this existing electricity provision.

6.5. TRAFFIC GENERATION

The proposed development of 9 dwelling units will provide all parking ON-SITE. Residential land use will not be a source of additional traffic congestion. Occupants and visitors will enter into the property and park on-site, therefore there will be no on-street parking, obstructions on the sidewalk, nor cause any hindrance to neighbours or traffic flow.

7. CONCLUSION AND RECOMMENDATION

This Simultaneous Removal of Restrictive Conditions and Amendment of Land Use Scheme (Rezoning) submitted in terms of Erf 1093 Emmarentia, applies for the Removal of certain Restrictive Conditions and the amendment of the City of Johannesburg Land Use Scheme 2018, by altering the zoning from “Residential 1” to “Residential 2” to allow for multiple dwelling units.

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SIMULTANEOUS REMOVAL OF RESTRICTIVE CONDITIONS AND AMENDMENT OF LAND USE SCHEME – ERF 1093 EMMARENTIA

The Simultaneous Removal of Restrictive Conditions and Rezoning is steered by the developmental policies and frameworks of the City of Johannesburg and is further in adherence to the development guidelines, principles and objectives of SPLUMA 2013, the Nodal Review 2020, the RSDF for Region B 2010 and the Emmarentia/Greenside/Linden Precinct Plan. The need and desirability of the proposed rezoning has been addressed along with the explanation of the value that the proposed site will provide in maintaining the residential nature of Emmarentia.

It is therefore recommended that the above Simultaneous Removal of Restrictive Conditions and Rezoning Application be approved.

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