We have received two applications for rezoning or amendments:

• Proposed removal of restrictive conditions: Remainder of Holding 354, Glen Austin AH Ext 1 – this  is for  storage  of  trucks.
  
• Proposed removal of restrictive conditions: Remainder of Holding 286, Glen Austin AH Ext 1 – this is to relax  the boundary  lines  for building.

GARA seeks advice from a Town Planner on these Descriptions  as ‘’Removal  of  Restrictive  Conditions"  can mean anything and we try and let our Members know the implications.  We have received the following advice:

“Nothing in the national constitution or any town planning scheme prevents an owner or occupier of land from legally conducting their business or profession from home.

However, this is quite a broad statement and would be subject to the caveat that such business or profession is obviously legal but is then also conducted in a manner that does not cause offence or affect the amenity of the surrounding area.

Strictly speaking - in the Halfway House and Clayville Scheme area, while the scheme itself is silent on how this is to be approached, the Council uses the principle of the home business not employing more than 2 outside employees and not using more than 25% of the floor area of the existing dwelling house on the property.  In terms of this understanding it would not be legal to use outbuildings for the carrying on of any business or profession.

These provisions were made with professional offices in mind (doctors, dentists, accountants, town planners and the like) and not for the range of other business uses that are really a problem in terms of aesthetics and other impacts.

A trucking business is a particular problem.  If the owner/occupier runs a trucking business and has one or two trucks, then maybe that could be considered a home business with a few related complications. More than that in terms of the employee and floor area criteria, however, it is no longer a "home" business and is moving more towards a business site in itself and not a small low key business use that was intended to be always subservient to the main residential / agricultural use whether conducted solely inside the dwelling house or not.

It is all about amenity and quality of life for the adjoining property owners. If the activity - even if it is a so-called legally acceptable use that causes havoc for the community because of what its impacts are - then the Council can be asked to intervene and stop the problem activity.

Again  please send any  Objections/Comments  with the  respective  Reference Numbers    addressed  to the   Executive Director,  Department of Planning  direct to   benAP@joburg.org.za   with your name,  address and telephone number.