Land Use Control

Question 1

Title Deed Restrictions

Answer 1

• Can be removed in terms of the Removal of Restriction Act
• Can be appealed to the High Court for removal
• Wills and zoning

Question 2

Guide Plan

Answer 2

• Used to determine the development land use pattern of a planned region
• A property may not be used for any purpose that may be in conflict with the guide plan

Question 3

Structure/Devlopment Plans

Answer 3

• Policies that lay down specific land use patterns for a city or town

Question 3

Town Planning Scheme

Not to be confused with Structure/Development Plans

Answer 3

• Scheme maps and scheme clauses drawn up by the local authorities to regulte the local environment
• For the general welfare of the enitre community

Annextures and clauses for specific town planning controls

Question 3

Town Planning Controls

Answer 3

1. Use zones
2. Desnsity zones
3. Floor area ratio
4. Height
5. Coverage
6. Building Restriction Areas
7. Parking

Question 4

Density Measurement

Answer 4

1. minimum erf size, eg ‘Residential 1: 1 dwelling unit per 1 500sq m’;
2. units per hectare, eg ‘Residential 2: 20 units per hectare’;
3. FAR, coverage and height, eg coverage 50%; FAR 0,6; height 2storeys.

Question 5

FAR Measurement

Answer 5

Gross floor area of building/area of construction land

Question 6

Coverage

Answer 6

the total % of land that a building may cover

Question 7

Building Lines

Answer 7

• Refers to the distance from the street and other boundaries that a building on a property must be set back.
• Building lines are imaginary lines which usually run parallel to the boundaries of a property

Question 8

Subdivisions

Answer 8

• Each subdivision has its own title deed
• Indicate which portion is being sold in the contract
• EA can sell a subdivision before it is approved on the condition that the subdivision is confirmed at a certain date
• Speak to the local authority for applications of subdivisions (town planning scheme)

Question 9

Rezoning

Answer 9

• Straightforward when there are no restrictions in the title deed
• Relevant town planning scheme
• Relevant structure/development/policy plan
• Opportunities and constraints of the property
• The need and desirability of the rezoning
• Environmental impact of rezoning

Question 10

Typical Rezoning Application

Answer 10

• Motivation memorandum and relevant land use documents
• Advertisment of the application to the public
• Local town planning department considers it, taking into account any objections by people or other government bodies
• Application is forwarded to Minister, provintial committe or council committe to approve/reject application

Can take between 6 to 12 months to process