Application for Rezoning of Erven 845 and 846 GREENSIDE EXT, 206 and 208 Barry Hertzog

Arial plan 206-208 Barry Hertzog
Aerial plan 206-208 Barry Hertzog (erven 846-846)

An application has been made to rezone 2 properties on the Greenside side of Barry Hertzog Avenue, between Troon Rd and the Braids Road (but closer to Troon Rd intersection) to allow the two houses on these sites to be used for businesses and to consolidate the two plots into one development. The application calls it “a small-scale neighbourhood retail site”. It is claimed that the businesses will be in the existing houses. The GRA is of the view that approval of this application will set a dangerous precedent and will negatively disrupt the residential character of the suburb.

This is what is being applied for:
To permit the rezoning from “Residential 1” to “Special” (offices, medical suites, showrooms (excluding motor showrooms) and business purposes including hair and beauty salons and related ancillary retail – subject to conditions).

The Greenside Residents’ Association (GRA) with the support of our neighbours in Emmarentia (ERA) 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, the notice that is up on the site and a layout of the parking and the land use study they did, for your information

We view this application as an encroachment of businesses into the residential area as all except 2 properties along that side of Barry Hertzog Ave in the same block as the proposed development, are zoned Residential (with one being Residential 3 for the townhouses), with the two exceptions being Residential 1 with the right to have offices within the existing residential house. The boundaries between the business nodes and the residential areas should be well established and this application could start a ‘domino effect’ as neighbouring properties are negatively impacted and want to sell their property for business uses;

The GRA and ERA are of the view that such uses must be located in business nodes and not along mobility roads such as Barry Hertzog Ave. Checkers and the Emmarentia commercial node is one block away. The new multi-story mixed use development that will include significant office space, medical suites and retail space is 1.6km down the road as is the Greenside business node.

We also feel that the property if used for the rights they are applying for is not ideally suited to handle the parking and circulation that the uses will generate and this could cause problems for the traffic on Barry Hertzog Ave.

We are also not wanting it to obtain the rights that go with ‘Business Purposes’ as they have applied for because it opens up the property to be used for many uses and includes restaurants. If they get ‘business purposes’ rights, this is what it allows (in the Johannesburg Land Use Scheme): ‘Business Purposes’ 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 not elsewhere defined as well as uses which are ancillary, directly related to and subservient to the main use such as caretakers accommodation, but does not include uses such as places of assembly, institutions, public garages, industries, noxious trades or places of amusement.”

Many of the uses listed above are clearly not suitable for these sites and if the application is successful the properties will have all these rights to use in the future.

The allegation that the residential properties along Barry Hertzog Avenue are compromised for residential enjoyment is unsubstantiated and given the larger properties and the existing building lines, these properties remain attractive to families as residential homes. The increase in medium density residential development is strong evidence of its residential attractiveness. The proximity to the Mosque and good schools nearby enhance the residential desirability of properties along Barry Hertzog Avenue. An argument has been made that there are already some businesses operating (illegally) in the area and that this sets a precedent and means the current application will not make any difference and should be allowed. We disagree and believe that this should not stop you from objecting as it does not mean that what they are currently using it for is the best use for those sites. This is why an application has to be made and why we get the opportunity to comment and object.

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-Erven-845-and-846-August-2024.docx but 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

breda@bredalombard.co.za

by WEDNESDAY 14 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

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