Pretoria, like many South African cities, is constantly evolving. The process of rezoning plays a crucial role in shaping the growth and expansion of Pretoria. If you’re a Pretoria resident, property owner, or business interested in the city’s future, understanding rezoning for Pretoria is essential.
Let’s make sure we understand what rezoning means;
Rezoning typically refers to the land use application process of changing the designated land use regulations and zoning requirements of a specific area or property as guided by the relevant Zoning Scheme Regulations of a municipality. The zoning regulations compiled by local municipalities indicate and give guidance on how properties can be used and developed.
Rezoning involves the amendment of the current zoning designations to allow for different types of land uses, such as residential, commercial, industrial, or agricultural.
Factors that affect rezoning in Pretoria:
The following items affect the possibility of rezoning a property in Pretoria:
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- Existing zoning for the property
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- Location of the Property
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- Title Deed Restrictions on a Property
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- Policy Guidelines (Spatial Development Framework)
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- City of Tshwane Land Use Management By-Law, 2016
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- Tshwane Town Planning Scheme 2008 (revised 2014)
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- Availability of Infrastructure
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- Bulk Contributions
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- The Community
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- Timeframes
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- Costs
There are various factors that drive and influence rezoning in Pretoria. It is important to consult with a town planner to ensure you fully understand what the process for rezoning in Pretoria will entail.
WHAT DOCUMENTS ARE REQUIRED FOR A REZONING APPLICATION IN PRETORIA
The following documents are typically required for a rezoning application in Pretoria:
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- A pre-application, as may be determined by the city of Tshwane Metropolitan Municipality,.
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- Cover letter addressed to the relevant city of Tshwane/Pretoria Municipality.
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- Completed application forms.
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- Motivation Report, which complies with the relevant municipality By-laws
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- A locality plan indicating the locality of the property
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- A zoning plan indicating the zoning of the current and surrounding properties on an appropriate scale
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- A land plan indicating the land use of the current and surrounding properties on an appropriate scale
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- Site Plan: A scaled drawing that displays the property cadastral, with proposed and existing structures aligned to the rezoning proposal. The site plan can also indicate the elevations of the proposed building work.
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- Details of the surrounding properties that require notification List of neighbors
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- Zoning certificate (issued by the municipality)
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- Proposed Annexure/Zoning Rights
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- Registered title deed
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- A power of attorney is signed by the owner.
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- Consent from the bondholder (if applicable and if bonded with a bank) must be submitted with the application.
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- Specialist Studies: Depending on the rezoning proposal and requirements of the City of Tshwane/Pretoria Municipality. , specialist studies such as services reports, geotechnical reports, traffic impact studies, etc. may be required.
WHY DO YOU NEED TO REZONE MY PRETORIA PROPERTY?
There are several reasons why a property owner would want to rezone a property in Pretoria. Some general reasons include:
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- Changing of land use: A change in the use of the property; for example, if a residential area is to be converted into a business property, rezoning is necessary to legally allow the business development. A rezoning can also be catered to the specific needs of the property owner.
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- Economic benefit: Pretoria is always experiencing growth. Rezoning may be necessary to attract economic development and investments in a particular area where the property is situated. It allows for the creation of new businesses, industries, and job opportunities, leading to increased economic growth.
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- City growth: A rezoning can help manage population growth for an area or city like Pretoria by allowing the construction of additional housing stock or higher-density development in areas typically experiencing increased demand. It ensures that the zoning regulations are in line with the changing demographics. In Pretoria, popular areas such as Lynnwood and Waterkloof have seen a massive increase in the number of rezoning applications over the last decade.
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- Enhanced property value: Changing the zoning of a property to allow for higher density or mixed-use developments can contribute to an increase in the market value of the property.
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- Maximizing Land Potential: The rezoning of a property in Pretoria can enable property owners to make the most efficient use of their land. This typically caters to a growing market and economic growth in order to meet changing social needs and requirements by introducing new types of developments.
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- Creating opportunities: The rezoning of a property in Pretoria can attract developers and investors who are interested in capitalizing on future possibilities for long-term growth.
UNDERSTANDING THE REZONING PROCESS FOR PRETORIA
The Rezoning Process in Pretoria is subject to each requirement of the City of Tshwane Municipality and the City of Tshwane Land Use Management By-Law, 2016 that provides requirements for a Rezoning Application and the Rezoning Process for Pretoria. The following process is generally applicable for a rezoning application in Pretoria:
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- Inquiry Stage: The landowner or developer interested in rezoning the property contact a Professional Town Planner. Basic information should be provided for the purpose of the proposed rezoning. The appointed Town Planner will conduct a desktop assessment to determine if the proposed rezoning aligns with Council Policies.
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- Pre-Application Consultation Stage: A meeting is typically arranged with the municipality’s town planning department and Consulting Town Planner. During this meeting, the potential rezoning is discussed, and the municipality provides guidance on the viability of the proposal based on Council Policies. The Pre-Application can also be provided in a written format subject and is subject to Council requirements. A Pre-Application process is helpful ass it will give guidance if the rezoning proposal will be supported in principle. It also provides the property owner with transparency and assurance that the proposal will be supported in principle and eliminates the risk of receiving a rezoning refusal in the process. In Pretoria, this stage is not necessarily required. A Pre-consultation process is recommended for complex land use proposals that might require input from City Planning or other Services Departments.
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- Formal Application Stage: Once the landowner or developer decides to proceed with the rezoning, a formal application needs to be submitted to the City of Tshwane, compiled by a competent and professional town planner. This application includes various documents and payment of the relevant application fees. It is always advised that a professional and competent town planner compile the application.
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- Public Participation Stage: After submission of the application, the appointed town planner must attend to the public participation process. In Pretoria, the public participation process runs for a period of 28 days in order to allow any infested and affected party sufficient time to comment on or object to the application. Notifications consist of advertisements in the government gazette, local newspapers, notification via registered mail, and on-site placard notices. In Pretoria, the placard notice needs to be maintained for a period of 14 days. Comments and/or objections from residents should be specifically addressed to the municipality.
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- Technical Assessment Stage: In Pretoria, each department of the City of Tshwane Municipality must provide comments on the proposed rezoning application. The municipality may also request comments and input from External or Provincial Department depending on the nature and location of the proposed rezoning application.
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- Evaluation Stage: As soon as input from all the respective and required departments has been received, can the responsible town planner at Council evaluate the proposed rezoning application? The municipality will make a decision on the application. This decision could include approving the rezoning, approval subject to certain conditions, refusal of the rezoning, or referring it back to the applicant for further information or amendments.
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- Compliance Stage: Once a rezoning application is approved, the application will, in most cases, be subject to certain conditions. It remains the responsibility of the owner to ensure that all the conditions are met based on the rezoning condition requirements. An example can be the payment of bulk contributions to the municipality. Once all the conditions have been met, a zoning certificate can be issued by the municipality with the newly applied zoning. In Pretoria, the compliance part is normally referred to as the PCP application.
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- Implementation stage: After a compliance stage is completed, the property owner or developer can proceed with implementing the proposed changes in land use subject to compliance with the rezoning conditions set by the municipality and obtaining relevant building plans and permits.
Contact Urban Arrow to rezone your Pretoria property
REZONING IN PRETORIA AND THE COMMUNITY
Rezoning is a critical tool that allows for urban development and growth in Pretoria. Rezoning is used as a development instrument based on the vision of town planners, developers, and the municipality. While rezoning can address evolving needs and revitalize communities, it can also be met with strong objections and resistance from residents and communities who fear it will disrupt their neighborhoods or change them in undesirable ways.
In some cases, residents might pursue legal challenges for rezoning decisions if they believe the process was flawed or unfair.
Open communication and a willingness to find common ground are essential to guide rezoning in Pretoria in a way that benefits the city as a whole while maintaining the integrity and values of its communities.
Contact Urban Arrow for Professional advice on your Pretoria Rezoning