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Application for Removal of Title Deed Restrictions: Erf 92 GREENSIDE (15 Barnton Rd).
An application has been made for removal of title deed restrictions for 15 Barnton Road (which is zoned Residential 1. The application is primarily for the removal of Condition (g) in Deed of Transfer T562/2024 which prohibits a place of business on the property, and Condition (j) which restricts the building line on the street front.
This application is of great concern to the immediate neighbours and should be of great concern to all Greenside residents and homeowners. This represents further encroachment of business and commercial interests that, similarly to the application for Business 1 zoning made for 8 Barnton Rd lat last year (and still subject to COJ Planning Tribunal), threaten to irrevocably alter the residential character and nature of our suburb.
Objections must be submitted by Wednesday 5th March 2025.
This is essentially an application to remove the protections that prevent business use rights in the middle of a residential area. All properties along Barnton Rd are zoned for residential land uses. These are all family homes adjacent to Greenside High School and the Parkview Golf Course (a green space and zoned public open land). If there is no separation of suburban family residential homes from commercial and business uses (such as manufacturing, retail, restaurants, etc) then the very fabric of our suburban, leafy and family friendly suburb is under threat. Greenside is a historically significant and family-friendly suburb, permitting commercial activities outside of our current business area would undermine the area’s cultural and residential heritage.We encourage all residents and property owners in Greenside to engage with this application as a matter of great seriousness.
Removal of Title Deed Restrictions
With regards condition (g) which prohibits a place of business on the property:
The property at 15 Barnton Road is currently zoned as “Residential 1,” which means it is not intended for commercial activities. The title deed explicitly prohibits any use of the property as a canteen, restaurant, shop, factory, or business. These conditions are an important protection for the community and and if these conditions are removed, this opens the way for a range of business uses to possibly be allowed in future.
The application states that the site is utilised as a residential dwelling with a home enterprise. According to the COJ Land Use scheme a home enterprise “means the practicing of a profession or occupation from a dwelling house / unit.” All properties zoned residential 1 can run a home enterprise without having to remove title deed restrictions or rezoning provided that the home enterprise meets certain conditions. The primary function of the property needs to remain residential and the definition of home enterprise excludes certain types of business and restricts the amount of space that can be allocated to non-residential uses. There are restrictions on the number of employees / partners who can work from the property (a maximum of two (2) other persons)
Of note is that the home enterprise / profession/s or occupation/s should not negatively impact on any infrastructure services greater than normally required for domestic use; should not create parking, delivery, traffic or other negative impacts on the area. Interference, in the opinion of the Council, with the amenities of the neighbourhood by means of noise….any other manner, shall not be permitted.
The applicant has been running businesses from this property for some time already, in contravention of the zoning. There have been complaints raised about the number of people working from the property and the number of parking bays built, frequent noise and activity on the property.
It appears that this application is an attempt to retrospectively regularise an existing illegal land use and appears to confirm that the business activities on the site are not simply a home enterprise. The applicant writes : “It is our submission that the application for the removal of the restrictive title deed conditions will promote the development of the area and will not have any detrimental effect on the surrounding area.” This is not a defensible statement as removing the protection that Condition g provides will open the way to future applications for full business 1 rezoning (which has already happened on this road).
Barnton Road is a narrow residential street and business rights at this property would result in illegal parking, deliveries, congestion, and traffic hazards that the road is not designed to handle the extra traffic that a business would generate.
The property is a few hundred metres away from Greenside High School – additional traffic in this area is also a risk to learners accessing and leaving the school.
The change of use to business with daytime operating hours, will result in a property that is not inhabited in the evenings or holidays, posing potential security risks to neighbouring properties.
The application has not provided any evidence of the demand for business rights in the area. The law requires that an application must be based on the need for the land uses applied for;
The motivation report makes very generalised statements about the positive impact of the business activities that are not substantiated with evidence and provides no evidence that this land use is necessary for Greenside or would add value to the community.
With regards condition (j) which restricts the building line on the street front:
The only comment made about this in the application is that “there is an existing structure that encroaches the building line” – the applicant does not motivate for the need or value of the structure or clarify why the city should retrospectively condone an illegal build.
The City has a duty to consider the impact that an application has on the local area as an application must promote the health, safety, good order, amenity, convenience and general welfare of the area (Section 5 of the Municipal Planning Bylaw, 2016 as amended 2023). We believe that this application does not promote good order, will negatively affect the residential amenity (quality of life), residential property values and that the general welfare of the existing residential area will not be promoted.
The Greenside Residents’ Association (GRA) will be submitting our objections and concerns and invite individual residents and business owners in the suburb to do so as well. Here are the links to the Motivating memorandum from the applicants agent, and the letter sent to neighbours for your information.
If you would like to object you can do so using the Guidance template that can be found here: 15 Barnton Template for Objection to Removal of Restrictions 2025
Objections must be submitted by Wednesday 5th March 2025
PLEASE 1. add in your own reasons, or make use of the suggestions given in your own words (we do need to provide reasons but they do not have to be fully detailed at this stage) and 2. make sure you have your address, cell phone number and your email address.
Objections MUST be submitted via email to both
ObjectionsPlanning@joburg.org.za
by WEDNESDAY 5th March 2025
Please copy GRA in, in your objection and email it to us on info@gra.org.za
It is your right to object to developments that impact on you and on our suburb so that your voice is heard.
If you need further information please contact the GRA at info@gra.org.za and we will gladly assist.
Greenside Residents Association
