REZONING APPLICATIONS | CONSENT TO USE | ILLEGAL LAND USE
We make an effort to preserve the integrity of our area as a residential suburb
VIEW Matters of Interest (Current and Archive)
MLPORA's VIEW ON DEVELOPMENT IN OUR AREA
As residents of Muckleneuk and Lukasrand, we are aware of the convenience and desirability of residing in Muckleneuk and Lukasrand, but unfortunately, these same attributes as well as the need for densification of urban areas, has resulted in Muckleneuk and Lukasrand continually being targeted for development by applications for rezoning for higher densities, as well as rezonings for purposes other than simple residential use.
​
Our area is zoned mainly as a low-density residential area. In our view this should be protected. We are not opposed to development in general provided that it supports the low-density residential nature of our area. We are in the process of investigating how a Precinct Plan can be compiled to set out a guideline for development in our area.
​
MLPORA deals with development and town planning matters in our area as follows:
1. Evaluating and / or objecting to rezoning applications;
2. Considering and / or objecting to land use applications; and
3. Addressing and reporting illegal land use (non-permitted land use).
REGIONAL SPATIAL DEVELOPMENT PLAN (RSDF)
For the local sphere of government, Spatial Development Frameworks are drawn at Municipal levels as well as for regions within a municipality. In the City of Tshwane [COT] the process to 2025 review the 2018 Regional Spatial Development Framework [RSDF] is currently underway and MLPORA (part of region 3) will be making making considered inputs into this process.
TOWN PLANNING DEVELOPMENT PLAN
Frameworkthat explains the logic behind the zoning of region 3 (thats us) .
HOW DOES THE PROCESS WORK?
-
Neighbours or residents need to inform us of any application for rezoning or consent use. This is usually advertised by a property owner on the outside fence of the relevant property. It is critical that residents are pro-active in identifying the advertisement and immediately inform MLPORA as prescribed timelines apply to lodge objections.
-
MLPORA obtains a copy of the full application to consider whether an objection is justified.
-
MLPORA circulates the full application so residents can decide for themselves whether they feel an objection is justified.
-
Once MLPORA is satisfied that an objection is justified, MLPORA circulates the draft template for objections to residents who also want to object. This template objection form contains crucial information like the reference number of the application, the email address where objections should be lodged as well as the closing date for submission of objections.
-
MLPORA attends to the drafting and submission of a comprehensive objection as a Resident's Association
-
Residents must attend to the drafting and submission of their own objection as a concerned resident in the area.
-
After lodgement of objections, the applicant is granted an opportunity to contact objectors and to meet with them in an attempt to address the objections.
-
The municipality then schedules a tribunal hearing at which the applicant, objectors and other interested parties may appear to argue the merits of the application. At this hearing, the tribunal also considers reports and comments from the various municipal departments.
-
Thereafter the Tribunal gives its ruling. Any party which feels aggrieved may take the matter on appeal and there are specific requirements and fees payable to lodge an appeal.
Example of a notice
We need volunteers to get involved with our town planning and land use projects in keeping our area a low density residential area.
Please get in touch info@mlpora.co.za
ASSISTANCE NEEDED
HOW CAN YOU ASSIST?
It is vital that MLPORA is made aware of any illegal land use and / or applications for rezoning of properties in our area. Due to limited resources, MLPORA cannot fund all legal processes that may be required to address the concerns of residents. MLPORA does consult with residents to facilitate a discussion on whether they are willing to contribute to the required legal process. It is critical that affected or concerned residents understand their responsibility to alert and to assist MLPORA in addressing the applications and / or transgressions.
​
You can help by paying your annual membership fee
Although MLPORA has volunteers that consult with residents, draft objections and brief legal practitioners to represent MLPORA, legals fees have to be incurred and paid. MLPORA's annual voluntary contribution is minimal and is utilised to fund priority legal matters on a case-by-case basis.
​
You can help by volunteering
We are in need of resident attorneys, advocates and town planning experts to serve on our LEGAL PANEL in assisting with case-by-case matters, please help us to share the load to keep our area residential.
UNDERSTANDING THE DIFFERENCE CAN MAKE THE CHANGE
CITY COUNCIL PROCESS - ILLEGAL LAND USE
If you have illegal land use in your ward the following will happen:
​
-
The Councillor or public report the illegal land use to the Deputy Director/ BUILT ENVIRONMENT AND ENFORCEMENT INSPECTORATE Officer for your Region;
-
The Compliance officer will go out to the said site if complaint is valid serve notice on the owner of the property for illegal land use. The contravention notice gives the owner 28 days to comply, to stop with the illegal land use activity. Often this is when owners decide to submit a rezoning /consent use application to avoid any further legal action. (the Municipal courts are known to allow the illegal activity to continue if there is an application submitted to CoT);
-
After 28 days has lapsed, the compliance officer returns to the site to see if the owner has complied and stopped the illegal land use activity. If the owner has failed to comply the matter is referred to the Municipal Court Prosecutor for further legal action;
-
If the owner has not complied, AT THE SAME TIME as the matter is referred to the Municipal courts, a second process now kicks in, ACTIVATION OF NON- PERMITTED USE;
-
Now the Valuation Office at Credit Control is given the details of the erf and the owner by Deputy Director/ BUILT ENVIRONMENT AND ENFORCEMENT INSPECTORATE, and the Valuations Officer will go to the site. If he confirms the incorrect land use, the ratings category of the erf is changed to “NON- PERMITTED USE” on the supplementary valuations role. The Valuations officer may not be denied access to any erf;
-
This rating can only be changed when
a) The owner can prove he / she has stopped the non-permitted use and returned to the current zoned use OR
b) The rezoning application has gone through the process and has been rezoned or consent use has been APPROVED; -
The Valuations department will notify the owner in writing that their ratings category has been amended and that with immediate effect they are liable for a “non-permitted use” rating. This rating is far higher than the owner has been paying and is higher than any rezoned erf. It is worth the owners while to either rezone or stop his/her illegal land use activity.
-
This process runs parallel to the contravention notice served for illegal land use, and the illegal land use process will unfold in the Municipal Court;
-
Alternatively the matter may be referred to CoT Legal Department to bring an application for an interdict in the Gauteng North High Court against the owner to comply.
It is important to understand your right, responsibility and the required process to follow.
Noise complaints / illegal land use (by-law infringement) are matters that residents should escalate to Council. MLPORA can assist with regards to the process but the residents' are responsible to escalate and drive the process.
BY-LAW INFRINGEMENTS:
To report any crimes and complaints like accidents, illegal dumping, drugs, indecent behavior, cable theft, excessive noise etc, please contact the TMPD War Room or Nodal Point:
TMPD War Room:
0828912386 | 0123581906 | 0123582124
TMPD Nodal Point:
0123587095 | 0123587096 | 0826119974
Tshwane by-law complaints:
when the call centre logs the call, there is a message sent to the Metro Police Radio Room
bylawenforcementcenter@tshwane.gov.za
​
Offences and penalties
Any person who contravenes or fails to comply with any provision of these by-laws is guilty of an offence and liable on conviction to any or all penalties.
NOISE POLLUTION:
​
PRIVATE PROPERTY / CLUB:
​
Police:
Sunnyside Police Station:
​
Noise Whatsapp Group (Groenkloof):
Mia Geringer 0824526495
​
PUBLIC EVENT:
​
TMPD Control Room:
0123230035 |0123230036 | 0123587095 | 0123582124
TMPD War Room:
Environmental Health Services:
Noise Management Policy:
Noise Regulations: