A Consent Use Application is a formal request submitted to a local municipality to obtain permission for a specific land use within the existing zoning framework of a property. Unlike rezoning, a consent use application allows property owners to request secondary or additional land uses without altering the primary zoning category.

For instance, a property zoned Residential 1 can apply for consent to establish a Place of Instruction (e.g., a school) while retaining its residential zoning. This process ensures compliance with municipal town planning schemes and by-laws.

To learn more about zoning and its implications, visit our guide on Understanding Zoning Certificates.

Understanding Consent Use Applications

Consent Use Application a certain type of land use rights that Council may consider as a secondary land use right on farm portions, agricultural holdings or erven. Secondary land use rights are land use rights associated with the specific zoning of a property and is usually seen as a subservient or ancillary land use rights, to the primary land use right, or zoning of the specific property.  It is therefore important to determine the existing land use rights of a property by obtaining the zoning certificate of the specific property.

It is also important to understand that the zoning certificate needs to be evaluated and read in conjunction with the specific Town Planning Scheme or Land Use Scheme of the Municipal area in which the property is located, as there are many different Town Planning Schemes and Land Use Schemes within the Municipal areas of South Africa. As a result, the different zoning demarcations’ such as Business, Residential, Industrial, Commercial, Agricultural etc., may have different definitions and secondary or consent use associated to the primary land use rights. Furthermore, the specific Town Planning Scheme or Land Use Scheme also regulates other development controls such as, Floor Area Ratio, Coverage, Building Lines and Density.

For more information on rezoning, check out our article on Rezoning in Pretoria.

Examples of Consent Use Applications

The land uses allowed under a consent use application vary across municipalities. For instance, in the City of Tshwane, the following uses may be applied for on a Residential 1 zoned property:

• Guest House
• Place of Child Care (Creche)
• Place of Instruction (School)
• Veterinary Clinic
• Boarding House
• Commune
• Retirement Centre
• Daycare for the Aged
• Sports and Recreation Ground

To learn what secondary land uses are allowed in your area, contact Urban Arrow.

Documents Required for a Consent Use Application

The following documents are typically required for a Consent Use Application:

1. Pre-Application Document (if required by the municipality).
2. Cover Letter addressed to the relevant municipality.
3. Completed Application Forms.
4. Motivation Report compliant with municipal by-laws.
5. Locality Plan showing the property’s location.
6. Zoning Plan outlining current and surrounding property zoning.
7. Land Use Plan detailing existing and proposed uses.
8. Site Plan indicating proposed structures and existing layouts.
9. Details of Neighboring Properties requiring notification.
10. Zoning Certificate issued by the municipality.
11. Registered Title Deed.
12. Power of Attorney signed by the property owner.
13. Bondholder Consent (if applicable).
14. Specialist Studies : Depending on the Consent Use Proposal and requirements of the Municipality, specialist studies such as Services Report, Geotechnical Report, Traffic Impact study etc may be required. 

Why Apply for Consent Use?

1. Ensure Legal Compliance

Obtaining consent use ensures the proposed or existing secondary land use complies with municipal regulations, avoiding penalties or legal actions.

2. Change in Land Use

A consent use application is essential when introducing secondary uses, such as converting a residential property into a Place of Child Care or a Guest House.

For insights on similar processes, read our article on Post-Approval Compliance in Tshwane.

3. Provision of Community Facilities

Consent use applications enable the establishment of community facilities such as churches, retirement centers, or veterinary clinics, enhancing the quality of life in residential areas.

The Consent Use Process

The consent use process varies slightly across municipalities, but the general steps include:

1. Inquiry Stage

The property owner or developer contacts a Professional Town Planner to discuss the proposed consent use. The town planner conducts a desktop assessment to determine if the application aligns with municipal policies, such as the Spatial Development Framework (SDF).

2. Pre-Application Consultation

A pre-application meeting is arranged with the municipality’s planning department to evaluate the viability of the proposal. This step reduces the risk of application refusal by providing initial feedback and guidance.

3. Formal Application Submission

The town planner compiles and submits the formal application, ensuring all documents are included and application fees are paid.

4. Public Participation Stage

The public is notified of the proposed consent use through:

• Advertisements in the Government Gazette.
• Local newspaper notices (if required).
• Registered post notifications to neighboring properties.
• On-site notices maintained for 14–21 days.

The public has 28 days to provide comments or objections.

5. Technical Assessment Stage

Municipal departments review the application, and external or provincial authorities may be consulted depending on the proposal’s nature and location.

6. Evaluation Stage

The municipality evaluates the application and may:

• Approve the consent use with or without conditions.
• Refuse the application.
• Request amendments for reconsideration.

7. Compliance Stage

Approved applications often come with conditions, such as the payment of bulk contributions. The property owner must fulfill these requirements to finalize the application.

8. Implementation Stage

Once all conditions are met, the property owner can proceed with the secondary land use, subject to municipal regulations and permits.

Why Choose Urban Arrow for Consent Use Applications?

Urban Arrow’s team of professional town planners simplifies the consent use process, ensuring compliance with municipal requirements. We provide:

• Comprehensive desktop assessments.
• Professional application compilation and submission.
• Management of public participation processes.
• Guidance on municipal and provincial regulations.

Learn more about Consent Use in Pretoria.

Contact Urban Arrow Today

Looking to apply for consent use for your property? Contact Urban Arrow for expert advice and tailored solutions. Let our experienced team handle the complexities of your application process, ensuring a smooth and successful outcome.