Request to rezone Erf 429, 88 Komatie Road – We need your views
Dear Emmarentia Residents
An application to rezone Erf 429, 88 Komatie Road, the property on the corner of Greenhill and Komatie Road, opposite Eastern Temptations shop, is currently being advertised (see the white notices on the property, which we also attach).
It is currently zoned Residential 1 (a family home) and was used as such until the owners sold the property to a new owner who is doing this application to rezone. They are applying for business rights and want to use the existing house for offices, medical suites and some shops.
Please find attached the motivating memorandum they have submitted to the City of Johannesburg in support of their application, for further details.
What is important to know is that once the notices go up on the site, the town planning regulations give limited time to put in a comment or objection. That date is the 24 July 2024. Any submissions after that date will be invalid.
If you do not object to this application and if no-one objects, it is most likely that the City officials will approve this. By objecting, the application goes to a Planning Tribunal, where a group of officials and external parties consider the application and give a decision. It is a way to get your concerns heard.
ERA intends to object to this application because it is wanting to extend shops outside of our business node and into the residential area, impacting negatively on neighbouring residents. If approved, it could also have future implications for other residential properties along Komatie Road, especially around Checkers. We also believe that non-residential uses on this site will impact the traffic at this difficult intersection. The application is also asking for certain restrictions in the title deeds to be removed (that currently prevent shops and business uses) and ERA will also object to that as we act on behalf of the Lourens Geldenuys Family who has rights reserved in the title deeds that should not be removed.
If you intend to object ERA has the following advice and assistance:
- You must submit your own objection, with your name, address, cell phone number and email address;
- You must submit this objection letter to: ObjectionsPlanning@joburg.org.za
- Your letter can be an email letter or an attached formal letter;
- You MUST get the letter sent to ObjectionsPlanning@joburg.org.za before 16h00 on 24 July 2024 (you should receive an automatic reply acknowledging receipt – please save this reply for the records)
- You must please copy in (send to) the applicant in your email: tp1@alphatp.co.za
- Please also copy ERA and send to us: info@era.org.za
- You must provide some reasons for your objection – these need not be fully detailed reasons, but must provide some content
The rezoning process is governed by the City’s Municipal Planning Bylaw, 2016 as amended 2023 and follows a set legal procedure. Advertising the application and calling for objections is built into this process. You have a right to object if it affects you. What happens is that your objection goes on record and because there are objections, the application will be decided by a Municipal Planning Tribunal. The City has a roster and usually it can take up to a year for the matter to get given a date for the Tribunal Hearing. You will be notified of the Hearing (which is why it is very important to include your cell phone number and email address on your objection) at least 2 weeks before the date of the hearing. Often these hearings are done via Teams meetings and you do not need to appear in person. At the hearing you can present your views briefly or you can get someone to represent you. It is NOT a court of law, so you need not be nervous, it’s your opportunity to state your case and be heard. The Tribunal then decides the matter by weighing up the applicant’s case, all objections, City policies and inputs from City departments.
ERA has prepared a “guidance” letter (See attached Word Document) with the details of who to send this to and some possible reasons that you can choose from and put into your own words (essential, please) to help you with your objection. If all objectors were to copy and paste this letter and send it, the City will see this as a petition and take all the same letters and treat them as one objection. So, please use the attached letter as a guide from ERA and we hope you can take a few moments to write your objection in your own words, and modify the letter to your situation. Using different type fonts is also advised.
If you want any further information before objecting please contact ERA (info@era.org.za) or call Gemey Abrahams on 082 459 5266.
Please don’t forget that when you send your objection to ObjectionsPlanning@joburg.org.za to copy your objection letter to ERA and to the applicant.
Please be reassured that ERA supports improvements to and the upgrading of our suburb and will always weigh up the impact of new developments on our residents and the future of the suburb. Where ERA believes a development will have negative impacts and because the legislated process supports transparency and consultation, ERA engages with this process of objecting. The planning regulations give everyone the right to submit comments and objections to a development. You therefore can take this opportunity to have your say on such applications.
Thank you
Emmarentia Residents’ Association
16 July 2024
Erf-428-88-Komatie-Road-Applicant-MOTIVATING-MEMO-July-2024 Guidance-for-objectors-ERA-July-2024
NO NO NO.
WE HAVE A WHOLE DEVELOPEMENT OF OFFICES SHOPS AND MEDICAL ROOMS PLUS FLATS ON AN ALREADY OVER DEVELOPED BARRY HERTZOG. ITS DESTROYING OUR SUBURB LET ALONE THE EXTRA PRESSURE ON TRAFFIC AND OTHER SERVICES.
ENOUGH IS ENOUGH. NO MORE COMMERCIAL OR MULTIPLE DWELLINGS IN EMMARENTIA. PLEASE.
Please submit a formal objection as described. Thank you
We already have a water problem in the area. The amount of shops & medical suits are excessive in the area.
Hi if you haven’t already submitted, please submit a formal objection. Deadline to submit, 24 July 16h00
I do object to property to be rezoned
Hi please submit your formal objection. Submission deadline is 24 July 16h00. Thank you.
No. Too many properties being converted from Residential to Commercial and Townhouses. We do not want any more.
Hi please submit an online objection as described in the story. Deadline to submit is Wednesday 24 July at 16h00. Thanks