Application for Rezoning of Erf 69 GREENSIDE – 8 Barnton Rd from Residential 1 to Special to allow for a tailoring business and private bar

An application has been made for removal of title deed restrictions and simultaneous rezoning of 8 Barnton Road from Residential 1 to Special allow for the development of a tailoring business, a private bar for clients and residential outbuilding for the caretaker (this appears to be the only residential component of the property). 

Objections must be submitted by Tuesday 8th October 2024.

This is an application for business use rights in the middle of a residential area and if allowed, would set a precedent that could forever alter the character and nature of our suburb. 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.

If this application is successful, the property will always have the rights applied for – to have a tailoring business (which could in future be a small part of the business) and rights for a private bar (which could become a bigger part of the business).

We encourage all residents and property owners in Greenside to engage with this application as a matter of great seriousness.

With regards the removal of Title Deed Restrictions 

The property at 8 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.

With regards the rezoning application: 

This application is an attempt to retrospectively regularise an existing illegal land use. The applicant has been running a full scale tailoring and manufacturing business from this property for some time already, in contravention of the zoning.

Barnton Road is a narrow residential street and business rights at this property would risk 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 250 metres away from Greenside High School – additional traffic in this area is also a risk to learners accessing and leaving the school.

The proximity of the school should immediately mean that a private bar should not be an approved use. The Liquor Act states that within 500m of a school. liquor can not be sold  – whether as a primary business activity or it is an indirect sale where alcohol is offered in conjunction with a commercial transaction and the alcohol price is deemed to be part of the total price paid.

 

 

 

 

 

Private bars have a history of becoming noisy, disruptive venues, affecting the tranquility of the neighborhood.

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 does not reference how they will manage waste management, as tailoring businesses produce significant waste that could affect the local environment if not properly handled.

The application has not provided any evidence of the demand for this business. 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.

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.

If you would like to object you can do so using the Guidance template that can be found here: GRA Guidance for objectors Erf 69 – 8 Barnton Rd October-2024.docx

Objections must be submitted by Tuesday 8th October 2024.

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

hlaluko@jutabec.co.za

by TUESDAY 8th October 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