What is a township establishment (Johannesburg Municipality)

Township Establishment typically refers to the land use application process of changing the designated land use regulations on farmland or portions. Township Establishment is thus creating erven within a township to enable the development of a parcel of land within the Johannesburg Municipal area of jurisdiction. The township establishment process involves town planning policies such as the Johannesburg Spatial Development Framework, the City of Johannesburg Land Use Scheme, 2018, and the Johannesburg Municipal Planning By-laws, 2016. The above planning policies and guidelines, although not exhaustive in essence, allow for the proclamation of a township area, giving effect to erven within an approved or proclaimed township area.The term, township establishment is most used in areas outside of the Western Cape and certain other Coastal areas of South Africa and is used to describe the process in the City of Johannesburg Metropolitan area. 

A township establishment involves the amendment of the current zoning designations in terms of the Johannesburg Land Use Scheme, 2018 to allow for different types of land uses, such as residential, commercial, industrial, or business, for example.

The township establishment process is dependent on Johannesburg Municipal Planning Policies such as the Johannesburg Spatial Development Framework (SDF), Local Structure Plans, or Urban Development Framework (UDF). Township establishments and the creation of erven within a proclaimed township must thus be in line with the various spatial planning policies, guidelines, regulations, and by-laws as set out by the City of Johannesburg Metropolitan Municipality.

A township establishment application typically requires notification of interested and affected parties as per the requirements of the Johannesburg Municipal By-laws. Neighbours or community members can object to a township establishment proposal during public participation process.

What Documents are Required for a Township Establishment Application in the Johannesburg Municipal Area:

The following Documents can typically be required a Township Establishment Application at the City of Johannesburg Metropolitan Municipality:

• A Pre-Application as may be determined by the Johannesburg Municipality
• Covering letter addressed to the Johannesburg Municipality 
• Completed Application forms as determined by the City of Johannesburg Municipal Planning By-laws, 2016 
• Motivation Report which complies with the Johannesburg Municipality By-laws 
• Locality plan indicating the locality of the property 
• Zoning plan indicating the zoning of the current and surrounding properties on a appropriate scale 
• Land plan indicating the Land Use of the current and surrounding properties on a appropriate scale 
• Site Plan: Scaled drawing that displays the property cadastral, with proposed and existing structures aligned to the township proposal. The site plan can also indicate elevations of the proposed building work.
• Layout Plan – indicating the proposed erven within the new township proposal 
• Details of the surrounding properties requiring notification List of neighbours
• Zoning certificate (issued by the Johannesburg Municipality, in line with the Johannesburg Land Use Scheme, 2018 
• Proposed Annexure/ Zoning Rights 
• Registered title deed
• Power of attorney signed by owner.
• Consent from the Bondholder (if applicable and if bonded with a bank) – must be submitted with the application. 
• Specialist Studies: Depending on the Township Establishment Proposal and requirements of the Municipality, specialist studies such as Services Report, Geotechnical Report, conveyancing certificate, land surveyor certificate, environmental requirements, Traffic Impact study etc. may be required, as prescribed by the City of Johannesburg Municipal Planning Bylaws, 2016 

The Nodal Review Policy of the City of Johannesburg Metropolitan Municipality: 

The Nodal Review of the City of Johannesburg Metropolitan Municipality, as provided for in terms of the Johannesburg Metropolitan Municipal Planning By-laws, 2016, relies heavily on the RSDF as a spatial planning guideline for development on farm portions or agricultural holdings.

It is recommended that a professional town and regional planner be consulted to determine the land use development guidelines associated with the subject property within the City of Johannesburg Metropolitan Municipal area of jurisdiction.

Due diligence may be provided by a professional town and regional planning consultant to determine the development potential of the subject property, subject to formal township establishment processes.

Why do you need to Establish a Township within the Johannesburg Municipal Area: 

There are several reasons why a property owner would want to attend to a Township Establishment.  Some general reasons include:

• Changing of land use: Farm portions have limited development potential and this needs to be amended to create erven within a township, which may be developed and / or sold as individual erven. 

• Economic benefit: Township Establishment adds value to properties as the process of township establishment enabled the property owner to exercise a multitude of land use rights on the newly created erven within the new township, which may either be developed or sold separately.  

• Legalising existing land use being exercised: many landowners have established businesses and / or any other land uses that are exercised on farm land / Agricultural Holdings, which are not allowed on these parcels. Legalising these land use rights may require township establishment processes to comply with the provisions of the City of Johannesburg Land Use Scheme, 2018 

It is also important to note that many farm portions or agricultural holdings are being utilized for land uses that require township establishment to legalize the existing land use rights on the farm portion or agricultural holding.

It is also important to note that township establishments in the City of Johannesburg Metropolitan Municipality allow for the establishment of townships on portions of farm land or agricultural holdings. For example, an owner of property may establish a township on a specific portion of his or her property, while the remaining extent of the property may still remain as a farm portion or agricultural holding.

Understanding the Township Establishment Process in the Johannesburg Municipal Area 

The Township Establishment Process in Johannesburg is subject to each requirement of the Johannesburg Municipality as set out in the City of Johannesburg Municipal planning By-law’s, 2016. Each Municipality has different requirements for a Township Establishment Application and Township Establishment Process. The following process is generally applicable for a township establishment application for Johannesburg: 

• Inquiry Stage: The landowner or developer is interested in the establishment of a township on a parcel of land, located within the Johannesburg municipal area contact a Professional Town Planner. Basic information should be provided for the purpose of the proposed township establishment. The appointed Town Planner will conduct a desktop assessment to determine if the proposed township establishment proposal aligns with Johannesburg Policies. The desktop assessment may also involve identifying certain constraints such as environmental requirements, servitudes, road alignment requirements and detrimental soil conditions. 

• Pre-Application Consultation Stage: A meeting is typically arranged with the Johannesburg municipality’s town planning department and Consulting Town Planner. During this meeting, the potential township establishment is discussed, and the Johannesburg municipality provides guidance on the viability of the proposal based on Johannesburg Policy Guidelines.  The Pre-Application can also be provided in a written format. A Pre-Application process is helpful as it will give guidance if the township establishment proposal will be supported in principle. By the Johannesburg Municipality 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 township establishment refusal of the township establishment application, from a land use management point of view. 

• Formal Application Stage: Once the landowner or developer decides to proceed with the township establishment application, a formal application needs to be submitted to the Johannesburg municipality complied by a competent and professional Town Planner. This application includes various documents and payment of the relevant application fees to the Johannesburg Municipality. It is always advised that a Professional and competent Town Planner compiles the application. 

• Public Participation Stage: After submission of the application, the appointed Town Planner must attend to the public participation process. The Public participation process normally runs for a period of 28 days in order to allow any interested and affected party sufficient time to comment or object on the application. Notification is normally consisting of advertisements in the Government Gazette, Local Newspapers, notification via registered post and on-site placard notices. The placard notice needs to be maintained for a period between 14 and 21 days. Comments and or Objections should be addressed to the Johannesburg Municipality. 

• Technical Assessment Stage: Each required department at the Municipality must provide comments on the proposed township establishment application. The Johannesburg municipality may also request comments and input from External or Provincial Department depending on the nature and location of the proposed township establishment application within the Johannesburg Municipal area

• Evaluation Stage: As soon as input / comments from all the respective and required department have been received, the responsible Town Planner at the Johannesburg Municipality may evaluate the proposed township establishment application. The Johannesburg municipality will make a decision on the application. This decision could include approving the township establishment, approval subject to certain conditions, refusal of the township establishment application, or referring it back to the applicant for further information or amendments.

• Compliance Stage: Once a township establishment application is approved by the Johannesburg Planning Department, 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 Conditions of Establishment issued by the Johannesburg Municipality. An example can be the payment of Bulk Contributions to the Johannesburg Municipality. Once all the conditions have been met for township establishment the new township can be proclaimed in the provincial gazette. 

• 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 township establishment requirements.

It should be noted that the township establishment process can vary slightly between different municipalities in South Africa. It is therefore advised that you contact a Professional Town Planner to start the township establishment application process. 

Advantages of a Township Establishment Process in Johannesburg

Township Establishment in the City of Johannesburg offers numerous advantages, including:

• Enhanced property value: Changing the zoning of a property by way of a Township Establishment to allow for higher density or mixed-use developments can contribute to an increase in the market value of the property.

• Maximizing Land Potential: The Township Establishment can enable property owners to make the most efficient use of their land. This typically can cater to a growing market and economic growth to meet changing social needs and requirements by introducing new types of developments within the Johannesburg Municipal Area.

• Creating opportunities: Township establishments can attract developers and investors who are interested in capitalizing on future possibilities for long-term growth within the City of Johannesburg Metropolitan Municipality.

Disadvantages of Township Establishment in Johannesburg:

Before initialising a Township Establishment Process, it important to understand the drawback and challenges. 

• Timeframes: In certain cases, a Township Establishment application can take several months to be completed. The time scale up to the approval of the application is totally dependent on the Johannesburg Municipality and whether any objections are received against the application or not.

• Objections: A Township Establishment Application can be met with resistance from community members who fear the impact on their neighborhood. Reasons for objections typically include increased traffic, noise, or changes to the character of the area, infrastructure, etc. If any objections are received, the time frame can be extended considerably, as time must be allowed to contact the objectors to try and persuade them to withdraw their objections. If an agreement cannot be reached between the owner and objectors, a hearing or planning tribunal must be held, which can drastically extend the finalization period.

• In certain cases, a Township Establishment application can take several months to be completed. The time scale up to the approval of the application is totally dependent on Johannesburg Municipality and whether any objections are received against the application or not.

• Red Tape: A Township Establishment application has numerous processes and procedures that have to be complied with. A Township Establishment application must comply with these strict regulations and planning requirements. This can be a daunting process for a property owner.

Post-approval process:

The township approval process, as mentioned in the blog post above, deals with the approval process of township establishment, within the City of Johannesburg Metropolitan Municipality.

However, an approved township needs to be proclaimed. General provisions required for a proclaimed township include:

• Comply with the conditions of establishment.
• Obtain notification of compliance with the conditions of establishment issued by the City of Johannesburg Metropolitan Municipality.
• Comply with the opening of the township register, attended to by a conveyancing attorney.
• Submit proof of the opening of the township register to the City of Johannesburg Metropolitan Municipality.
• Proclaim township, done by township owner and/or the City of Johannesburg Metropolitan Municipality
• Enter into a Service Level Agreement (SLA) with the City of Johannesburg Metropolitan Municipality relating to internal and bulk engineering services.

Urban Arrow Town Planners and Development Consulting (Pty) Ltd: Your Town and Regional Planning Consultant. 

At Uban Arrow Town Planners and Development Consulting (Pty) Ltd, we specialize in guiding township establishment applications for successful development projects. Our in-depth knowledge of regulations, combined with our design and planning expertise, will streamline your path to realization. Contact us to explore your project’s potential.

Please note: This is a general guide. Specific requirements and procedures can vary. Always consult with a Qualified and Professional Town Planner for the most up-to-date information and personalized advice.