APPLICATION IN TERMS OF SECTION 26 OF THE CITY OF JOHANNESBURG MUNICIPAL PLANNING BY LAW, 2016, AS AMENDED 2023, FOR THE TOWNSHIP ESTABLISHMENT ON PORTIONS 246 AND 247 OF THE FARM BRAAMFONTEIN 53-IR – NO REFERENCE NUMBER PROVIDED BY APPLICANT
The Emmarentia Residents’ Association (ERA) hereby objects to the above application. The ERA is a long-standing Residents’ Association and has an interest in, and strong bona fides for the planning and development of the suburb for and with our residents. This interest includes ensuring that our suburb is not prejudiced by the impact of developments in nearby areas. Our understanding is that application is to establish a township on two portions of farmland that are owned by the City of Johannesburg and are zoned Public Open Space. The proposed sites also include part of the Braamfontein Spruit, which part is designated as a critical biodiversity area on City Plans.
We are aware that the City has had difficulties implementing its bylaws on the illegal occupation and the protection and management of its Public Open Space (POS) zoned land, which resulted in the sites having illegal occupants and the consequential ecological degradation of parts of the sites. These sites were the former Parkhurst Bowls Club.
While the ERA is objecting to this specific application, as advertised for public comment, it is not opposed to the appropriate development of part of the site in the future. We recognise that the sites are part of an important network of public and natural open spaces that traverse across Emmarentia (and Melville, Greenside, Linden, Parkhurst) and are of benefit to local residents, to the wider ecosystem and to future generations, but that parts of these sites, possibly those portions which were previously developed as the bowls club, may be suitable for a sustainable infill development, in keeping with the local area. On this basis, ERA submits the following key points of objection to the application, as advertised.
We note that these are summarised points and reasons, and we reserve our right to elaborate more fully on these at the Tribunal hearing and to add further points.
1.The location of the development is unsuitable for the rights applied for: This means that the type of development intended through the exercise of the proposed rights is not suitable for the site. The reasons for this include:
a) that the application sites are not located on a main arterial or key transit route which would be required for a regional shopping centre and housing development of this scale
b) that the location of the site adjacent to public open spaces to the north and south, a low density Residential 1 row of houses along the east boundary and a gated office park to the west, making this a low key, largely residential area;
c) The location of the site as part of a greenbelt indicates that the extent of the rights applied for should take cognisance of this open space context;
d) That the locational context shows that within a radius of 2,5km, there are already several shopping facilities including Victory Park Shopping Centre, the proposed Greenwood Square Shopping Centre, the Greenside Shopping Strip along Gleneagles Road, the Greenside Shopping Centre, the Parkhurst Village, and the Emmarentia local Shopping node at Greenhill Road.
e) The application to include 4-storey residential units abutting a low-height, single Residential (Residential 1 zoning) area is contrary to City planning policies and guidelines.
2. The scale of the development is neither necessary nor in keeping with the area: While the nature of the rights applied for are not in keeping with the location as mentioned in Point 1 above, the scale or intensity of the rights applied for are also not appropriate for the sites:
a) Erf 1 is only 26 306m2 in extent, and the application is for 25 000m2 of Gross Leasable Area for business zoning. This is excessive for the site, given that the ground conditions do not allow for any basement parking and parking is to be accommodated;
b) Likewise, the application on Erf 2 for affordable housing at 200 units per hectare is not in keeping with its surrounds, nor is this density aligned to City planning policies.
c) It is unclear why the sites require such excessive rights given that there is a functional hierarchy of shopping centres already operating in the wider Region and this will this development does not fit with this, resulting in a disruptive, negative impact on this hierarchy which will undoubtedly negatively impact the existing urban fabric, including the local Emmarentia shopping areas.
3. The rights applied for are inaccurate, confusing and unsuitable for the development: the application has several inconsistencies, making it difficult to understand exactly what is being applied for, in terms of the land use rights and development concept:
a) Specialist reports describe the development differently (e.g. the geotechnical report says 2 storey walk-ups for the residential component and single storey shopping, but the application says ‘as per scheme’ which allows 2 storey Business 1); Also, Erf 2 cannot achieve 4 storeys if the as per scheme conditions in the application are applied)
b) The land uses applied for are not all defined in the Johannesburg Land Use Scheme – a drive through taxi rank is not in the scheme; plant nursery is also not in the scheme;
c) Certain rights applied for as primary rights are not compatible with Business 1 uses – builders yard uses are found in Industrial zones: ERA cannot support such an anomaly that will introduce industrial-related uses into our wider, mostly residential area;
d) No attempt is made to tailor any of the land uses to the site: ERA objects to the inclusion of land uses such as motor car sales lots, motor showrooms, warehousing, funeral parlour and shebeen/tavern either as primary or secondary rights. These need to be specifically excluded;
e) Floor area, coverage and density calculation are confusing and obscure: ERA has tried unsuccessfully to do the calculations for these. The application should simply explain these more clearly so that everyone understands the extent of the rights applied for;
f) NO draft conditions of establishment are included which would confirm more clearly the development intentions and the conditions that will direct the development. This is an unprofessional omission;
g) The exclusion of covered parking from the coverage is not supported: the overall site is environmentally sensitive and to cover the extent proposed with covered, paved parking areas will be detrimental to the area, affecting not only the environmental aspects of stormwater runoff but the site’s amenity (and its compliance with the Bylaw Section
h) The parking requirements as applied for, are not aligned to the Land Use Scheme and unlikely to be met on site;
i) Importantly, both sites are the subject of a township establishment application, yet no attempt is made to subdivide the open space areas from the ‘development portions’, resulting in 2 erven that were zoned Public Open Space now being designated as Business 1 and Residential.
4. The Motivational Memorandum is inadequate in providing accurate and necessary information. There are several shortcomings in the Motivational Memorandum including:
a) The absence of any motivation of the NEED for this land use in this location as required by the Bylaw Section 5. This is a peremptory legal requirement, not a request.
3 b) There is NO empirical evidence provided on the nearby shopping facilities, their floor areas and composition and target market segment to support any need for additional retail facilities;
c) By the same token, there is NO evidence provided that the local area requires this amount, typology and density of housing at this location;
d) There is NO motivation for the need for the drive through taxi rank or the plant nursery;
e) There is NO evidence provided that this development will not affect the amenity of the surrounding area, as required in Section 5 of the Bylaw.
5. The application was not a complete application, as required, when submitted: This contravention is distressing to residents who need to comment on the application within a short period and had to wait to obtain the full set of reports.
a) ERA had to request the title deeds which did not seem to form part of the application;
b) The Traffic Impact Study and the Outline Scheme Report were only sent to interested parties well into the advertising period;
c) The application includes no market study which would be necessary for a shopping centre of this magnitude.
6. The application cannot be approved as certain title deed restrictions remain:
a) The application incorrectly states that there are NO title deed restrictions and as a result does not include a (simultaneous) removal of restrictions application;
b) The land forming the river and adjacent riverine land has rights in favour of another party;
c) The use of the land is for recreational purposes only.
7. The application will seriously impact the traffic circulation patterns, affecting Emmarentia and the whole western sector of Johannesburg:
a) Tana Road – Victory Road form a crucial part of the east-west traffic network in Johannesburg. These links are very weak compared to the north-south network (Oxford/Jan Smuts/Barry Hertzog/Beyers Naude) and subject to increasing congestion and need to continue to provide this function unimpeded;
b) A development such as this will add significant traffic at this point, to the route, contrary to its function as a link road to move traffic east-west;
c) The Traffic Impact Study, recognises the failing intersections of Tana and Victory roads with Barry Hertzog Ave, indicating a high impact once the development is completed, yet insignificant measures are proposed to address this problem;
d) The Traffic Impact Study and the application propose a hypothetical, speculative (and probably highly impractical) additional entrance onto Rustenburg Road (Barry Hertzog Ave) to serve the development. This may well be required and will seriously impact on the traffic flow to and from Emmarentia and be unsafe for all users of this section of Barry Hertzog Avenue, if implemented. It would seem that the developer would not make contributions to any road improvements.
8. ERAs is opposed to any development in Emmarentia and surrounding areas that will put additional strain on municipal infrastructure services: the application is misleading and lacking in any accurate information on the services in the area:
a) The residents of Emmarentia and Greenside have had to suffer inordinate deprivation of services over the past 3 years, due to failures of supply and maintenance by the City. The City should not support any application without clear evidence that it will
not negatively impact existing residents and businesses;
b) Victory Park, Greenside, Parkhurst are areas that were established back to the 1940’s and early 1950’s so the existing infrastructure is 70 – 80 years’ old and may not be able to support the additional stress, even if the capacity is sufficient.
The Emmarentia Residents’ Association is appreciative of the opportunity to comment on this application. Unfortunately, in its current form the application has several fatal flaws, in addition to lacking any sound town planning merits for it to be supported by ERA.
ERA reserves its rights to present more detailed reasons in due course and remains committed to supporting development in our area that is sustainable and results in the improved quality of life for our residents and neighbouring communities.
Gemey Abrahams – Professional Planner A/1270/2003 The Emmarentia Residents’ Association (ERA) The Head of the Planning Building and Heritage Portfolio of EXCO Tel: 082 459 5266 gemeyabrahams60@gmail.com
On behalf of Saber Manjoo Chairman Emmarentia Residents’ Association Tel: 084 799 7860 saber@directrewards.co.za ERA email contact: info@era.org.za
1,934 words, 10 minutes read time.
Last edited a month ago.
Community Upliftment – Nelson Mandela Day 18 July 2025
In line with Mandela Day objective we are inviting all of you to participate in a Clean Up and Enjoy the Spruit. The area being the Park that starts from the Dam down towards Linden and 5th Avenue Emmarentia.
We kindly request that you join in form Friday 18 July 2025 until Sunday 20 July 2025 to give 67 minutes for any of the following activities
Just take a walk in the Spruit, take in the area and enjoy the place, you can even take the kiddies along to the playground area that has been recently rubberised or sit on one of the benches or bring along your bike and enjoy a ride or just sit around and chill.
Fill up a litter bag with litter that you find along the area and place the full bin bag anyway along the sidewalks on John Mackenzie or Louw Geldenhuys.
Using a trimmer / shears you can cut down any suckers/overgrowth to improve visibility to the area. That could be even cutting a few bamboo shrubs down. Please do not cut down any trees, just remove any shoots and trim any low hanging branches to improve visibility. Remove your cuttings to the sidewalk as well and pack them neatly.
You are welcome to do this yourself or even send your gardener to do this. We are also requesting that you not only do these activities over the weekend that’s coming up but to try and do it regularly as often as possible. These small interventions will greatly assist in clearing up our park even more and making it cleaner and safer for us to use.
Looking forward to seeing you do some of this
Should you require any more info please don’t hesitate to contact me Saber 0847997860 or Trifon 0824512293
Archive
ERA Submits objection to City of Joburg
APPLICATION IN TERMS OF SECTION 26 OF THE CITY OF JOHANNESBURG MUNICIPAL PLANNING BY LAW, 2016, AS AMENDED 2023, FOR THE TOWNSHIP ESTABLISHMENT ON PORTIONS 246 AND 247 OF THE FARM BRAAMFONTEIN 53-IR – NO REFERENCE NUMBER PROVIDED BY APPLICANT
The Emmarentia Residents’ Association (ERA) hereby objects to the above application. The ERA is a long-standing Residents’ Association and has an interest in, and strong bona fides for the planning and development of the suburb for and with our residents. This interest includes ensuring that our suburb is not prejudiced by the impact of developments in nearby areas. Our understanding is that application is to establish a township on two portions of farmland that are owned by the City of Johannesburg and are zoned Public Open Space. The proposed sites also include part of the Braamfontein Spruit, which part is designated as a critical biodiversity area on City Plans.
We are aware that the City has had difficulties implementing its bylaws on the illegal occupation and the protection and management of its Public Open Space (POS) zoned land, which resulted in the sites having illegal occupants and the consequential ecological degradation of parts of the sites. These sites were the former Parkhurst Bowls Club.
While the ERA is objecting to this specific application, as advertised for public comment, it is not opposed to the appropriate development of part of the site in the future. We recognise that the sites are part of an important network of public and natural open spaces that traverse across Emmarentia (and Melville, Greenside, Linden, Parkhurst) and are of benefit to local residents, to the wider ecosystem and to future generations, but that parts of these sites, possibly those portions which were previously developed as the bowls club, may be suitable for a sustainable infill development, in keeping with the local area. On this basis, ERA submits the following key points of objection to the application, as advertised.
We note that these are summarised points and reasons, and we reserve our right to elaborate more fully on these at the Tribunal hearing and to add further points.
1.The location of the development is unsuitable for the rights applied for: This means that the type of development intended through the exercise of the proposed rights is not suitable for the site. The reasons for this include:
2. The scale of the development is neither necessary nor in keeping with the area: While the nature of the rights applied for are not in keeping with the location as mentioned in Point 1 above, the scale or intensity of the rights applied for are also not appropriate for the sites:
3. The rights applied for are inaccurate, confusing and unsuitable for the development: the application has several inconsistencies, making it difficult to understand exactly what is being applied for, in terms of the land use rights and development concept:
4. The Motivational Memorandum is inadequate in providing accurate and necessary information. There are several shortcomings in the Motivational Memorandum including:
5. The application was not a complete application, as required, when submitted: This contravention is distressing to residents who need to comment on the application within a short period and had to wait to obtain the full set of reports.
6. The application cannot be approved as certain title deed restrictions remain:
7. The application will seriously impact the traffic circulation patterns, affecting Emmarentia and the whole western sector of Johannesburg:
8. ERAs is opposed to any development in Emmarentia and surrounding areas that will put additional strain on municipal infrastructure services: the application is misleading and lacking in any accurate information on the services in the area:
The Emmarentia Residents’ Association is appreciative of the opportunity to comment on this application. Unfortunately, in its current form the application has several fatal flaws, in addition to lacking any sound town planning merits for it to be supported by ERA.
ERA reserves its rights to present more detailed reasons in due course and remains committed to supporting development in our area that is sustainable and results in the improved quality of life for our residents and neighbouring communities.
1,934 words, 10 minutes read time.
Last edited a month ago.
Community Upliftment – Nelson Mandela Day 18 July 2025
In line with Mandela Day objective we are inviting all of you to participate in a Clean Up and Enjoy the Spruit. The area being the Park that starts from the Dam down towards Linden and 5th Avenue Emmarentia.
We kindly request that you join in form Friday 18 July 2025 until Sunday 20 July 2025 to give 67 minutes for any of the following activities
You are welcome to do this yourself or even send your gardener to do this. We are also requesting that you not only do these activities over the weekend that’s coming up but to try and do it regularly as often as possible. These small interventions will greatly assist in clearing up our park even more and making it cleaner and safer for us to use.
Looking forward to seeing you do some of this
Should you require any more info please don’t hesitate to contact me Saber 0847997860 or Trifon 0824512293
Yours in making our area more beautiful
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