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​The Department of Development Planning notes with concern the unprecedented backlash that has marred the approval of building plans to renovate a property in Berario.

Furthermore, we note the false allegations that have been made against the City, claiming that officials irregularly recommended the approval of the above-mentioned application.

First and foremost, I want to make it clear that all officials who went through this application did so with the highest level of professionalism and integrity, and further put it on record that all processes and requirements were respectively followed and met.

It should also be noted that the approval of a property owner’s proposed development is granted on the basis that the application meets all zoning and building requirements, which was the case in this matter - the approved application complied with the development parameters applicable to the site. 
 
BACKGROUND

In October 2018, the initial application, which was submitted to the City for additions to ERF 353 Berario in June 2018, was duly refused and cancelled as it did not comply with the property’s title deed and zoning requirements.

The application was sent back to the developer for correction and subsequently resubmitted only for internal alterations. The City approved the resubmitted application on 21 November 2018, following a detailed inspection by the Building Controls Officer.

EXISTING RIGHTS

As it stands, the application was seeking to exercise rights that are already entrenched in terms of the subject property’s current zoning (Business 2), which allows for part of the building to be altered for residential purposes.

It should be noted that when an application is made to the City for a residential development, there is no requirement for it to stipulate that it is intended for student accommodation. Residential is simply residential.

The part of the building that has been earmarked for the development of residential units is situated on a sloping ground level, known as a semi-basement, and has been deemed habitable, based on the proposed alterations that have been submitted to the City.

Another point to highlight is that the National Building Regulations and Building Standards Act no. 103 of 1977 does not necessitate objections where applicants are trying to build in accordance with the right that they have.

The area of Berario is zoned as a high density area, and while the proposed residential development may lead to an increase of people making use of the building, there is no evidence of non-compliance in terms of the development.

WAY FORWARD

We have noted concerns that have been highlighted by fellow residents in the area and can only assure them that any contraventions found relating to the property will be dealt with accordingly by law enforcement divisions within the City.

The uproar following the approval of this application is a clear indication of the lack of public education that exists amongst residents, which is no fault of theirs.

I have, therefore, challenged Development Planning officials to intensify formulation of a strategy on how the Department disseminates information on the work we do to residents across Johannesburg. I further call on residents to send us proposals on how the Department can improve on doing such.

Johannesburg is growing exponentially on an annual basis, and the only way that we can ensure it is developed accordingly is by working together with all stakeholders and allowing the City to carry out its mandate of spatial transformation without fear or favour.

COUNCILLOR REUBEN MASANGO

​MMC Development Planning

For media queries, please contact:
Poppy Louw
Stakeholder Manager
Office of the MMC: Development Planning
Tel: 011 407 6695 | Cell: 081 235 4999 | E-mail: poppyl@joburg.org.za