Application for Rezoning of Erf 547 GREENSIDE – 15 Gleneagles Rd from Special to Business 1

An application has been made to rezone 15 Gleneagles Road from Residential 1 (with consent use for showrooms and offices) to Business 1.

Objections must be submitted by Wednesday 21st August 2024.

The GRA is of the view that approval of this application will negatively disrupt the residential character of the suburb. In particular we view this application as a dangerous erosion of the buffer between the business strip and the residential properties on Summerside and Greenfield Roads. If there is no separation of suburban family residential homes from commercial and business uses (such as retail, restaurants, funeral parlours, motor showrooms etc) then the very fabric of our suburban, leafy and family friendly suburb is under threat.

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 notice that is up on the site  for your information. Objections must be submitted by Wednesday 21st August 2024.

HISTORY AND BACKGROUND

The site is on the north side of Gleneagles Road which comprises original houses that have undergone transition to offices, showrooms, medical suites, hairdressers and beauty salons. These are low intensity non-residential land uses, suited to being within the existing houses and providing an appropriate and necessary buffer between the historic shops and noisy business strip on the south side of Gleneagles road and the residential suburban family homes on Greenfield and Summerside roads.

Inadequate enforcement of zoning and building bylaws and recent planning decisions have brought about very undesirable changes of land use along Gleneagles Rd, which threaten the residential properties behind on Summerside and Greenfield roads, and which have caused numerous negative consequences of increased noise, traffic, overlooking, excessive stormwater discharge, and loss of residential amenity and privacy. It is these kinds of unfettered land use changes which lead to devaluation of property values, urban decay and a deterioration in the public environment.

The GRA believes that if approved this application could start a ‘domino effect’ as neighbouring properties are negatively impacted and want to sell their property for business uses.

This is what is being applied for:  To permit the rezoning from “Special” to “Business 1” (subject to conditions).

We are very opposed to the application as the rights that go with ‘Business 1 open up the property to be used for many uses that are potentially damaging.  Business 1 zoning allows for “business purposes, shops, residential buildings, place of instruction, social halls, restaurant, car sales lot, motor showrooms, showrooms. offices, public or private parking area, institutions, religious purposes, dwelling units, warehouses.” In addition business purposes are defined as: ….“the use of a building/s and/or land from which business is conducted and the related use of buildings including offices, restaurants, motor showrooms, showrooms, medical consulting rooms, domestic service industries, self-storage; funeral parlours, call centers, financial institutions, dry cleaners, launderettes and buildings for similar uses …” In essence this category is mostly unrestricted, which means that the developer or owner would be allowed to have almost any type of shop on the premises.

The applicant has said that they will exclude the following uses from the zoning ” restaurants, canteen and warehouses” however unfortunately in recent experience with the same planners in a similar previous application, although the planners assured the GRA that the zoning would exclude certain uses such as restaurants, the city planning department simply awarded full Business 1 rights and ignored the suggested exclusions.

Many of the uses listed above are clearly not suitable for these sites and if the application is successful and the city elects not to honour the exclusions stated, the properties will have all these rights to use in the future. They would also then be permitted to apply for special consent use for uses such as places of amusement (bars, discos, strip clubs, casinos among other uses).

Should the city accept the exclusions named that still would allow the following uses on that property, which, please remember is directly behind residential homes : motor showrooms, car sales lots, public and private parking lots, sale and cooking of takeaway foods, sale of liquor, funeral parlours etc

SOME SPECIFIC CONCERNS

The motivation report makes very generalised statements about the positive impact of shops on Greenside that are not substantiated with evidence and provides no evidence that this land use is necessary for Greenside. Within one block there is the Village Green Shopping centre with multiple retail spaces, including convenience and grocery shops, there is an established convenience store at 38 Gleneagles rd and within a block one either side 24 hour convenience stores at the Sunny Shell and Engen service stations on Barry Hertzog Ave. There is a large retail component in in the mixed use development that was recently approved by the City on the corner of Gleneagles Road and Barry Hertzog Avenue. This is less than 200m from this site. The inclusion of shops on this site is not necessary.

Very worrying is that the property is already being used (illegally) for multiple retail uses including the preparation sale of takeaway foods. In addition the applicant has undertaken significant building work without Heritage approval or approved building plans.  This raises concerns regarding the bona fides of the applicant and indicates a disregard for the regulations of the City or the impact on the local neighbourhood.

The change of use to business with daytime operating hours, will result in properties that are not inhabited in the evenings, posing potential security risks to neighbouring residential properties.

IN SUMMARY

The approval of full business rights including retail, on the northern side of Gleneagles, shows a disregard for the unique local dynamics of the suburb, and for sound town planning principles which should consider compatible land use transitions. Full retail use directly abutting single residential properties is not a suitable or desirable land use. Greenside has already suffered ongoing problems from the restaurants and clubs which operate directly adjacent to residential properties, resulting in ongoing noise, odour and traffic problems for residents.

The Regional Spatial Development Framework for this area has emphasized:

• Containment of existing nodes
• Traffic management and restricted access along east-west routes
• Retaining and enhancing the residential character and amenity of the suburb.

The current application goes against these objectives, by extending the node, adding to traffic management problems, and creating misery for residents in their own homes, loss of residential property values, uncertainty for property owners, ultimately eroding the rates base.

If you would like to object you can do so using the Guidance template that can be found here: GRA-Guidance-for-objectors-application-for-rezoning-Erf 547 15 Gleneagles rd-August-2024.docx

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

info@nodetownplanning.co.za by WEDNESDAY 21 AUGUST 2024.

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