Rezoning (consent use) application 122 Barry Hertzog Ave (ERF 1227 Greenside Ext 2)

Application – Consent use for a Sports and Recreation Club and Simultaneous Removal of Restrictions 122 Barry Hertzog Avenue, Greenside (Council Ref No. 312126)

What is this application about?

• The owner of Erf 1227 Greenside (a residential home on 122 Barry Hertzog Ave) has applied to remove restrictive title deed conditions and to get consent use for a sports and recreation club on his residential property. The owner has already built a Padel Court on the property, directly adjacent to the neighbouring homes and this has been available to hire for the public. The owner is wanting to regularize an illegal build and an illegal land use.
• The application also calls for removal of all Title Deed Conditions  – this involves removing some obsolete conditions but also removes prohibitions on “offensive land uses” and lifts any restrictions on business uses (including restaurants, factory, industry, shops etc). Although the Residential 1 zoning itself prohibits business uses, removing this condition weakens safeguards against possible future Business rezoning applications.

Why should I care?

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. Although the property will retain its residential 1 zoning, this apparently innocuous application in fact opens up the path to very concerning possible future developments. The applicant is NOT simply asking for permission to have a single Padel court in his garden, an already controversial and disturbing use in a residential area, but is applying for rights to run a Sports and Recreation Club. There are no protective conditions specified and this is in fact a vaguely defined but broad reaching use that could be significantly exploited in future.

Any home owner on a property adjacent to Barry Hertzog Ave (this includes most of Clovelly Road, some of Mowbray Road, and properties adjacent to the corners of all the streets that cross Barry Hertzog Ave)  is under threat should this precedent setting application be approved.

Please read further for more details and then please consider submitting your own objections – details of how to do so are below.

The Greenside Residents Association’s concerns

This application is of great concern to the immediate neighbours and should be of great concern to all Greenside residents and homeowners. We do not believe the applicant has motivated any demonstrable need or desirability for this change in land use. In fact this represents further encroachment of business and commercial interests that, similarly to the application for Business 1 zoning made for 206-208 Barry Hertzog  (and still subject to COJ Planning Tribunal), threaten to irrevocably alter the residential character and nature of our suburb.  

With regards to the removal of restrictions for Deed of Transfer T42030/2014, we question the necessity and wisdom of removing Conditions 1 (which prohibits “offensive” uses such as dumping site, crematorium, industrial site); 2(f) (which prohibits a place of business on the property, including canteens, restaurants, shops and factories), and Condition (i) (which restricts the building line on the street front to 7.62m). We object to the wholesale and unnecessary removal of these conditions. The application does not propose any conditions to replace those removed and we believe this essentially removes some of the protections and safeguards that prevent future problematic and business use rights in the middle of a residential area.

These are the GRA’s primary planning concerns for residents to consider when drafting their own submissions:

1.Threat to the residential character of the suburb

The property at 122 Barry Hertzog Ave 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.

While some properties further along Barry Hertzog Ave have been approved for some residential densification and for use as offices and medical suites, the COJ Development Planning Department itself has indicated that allowing business, retail and commercial uses would erode and negatively impact the residential character of the area. If the property is granted these rights, there is little to stop additional courts, sports facilities and ancillary services such as a restaurant or pub being established in future on the site to service customers.

2. Mischaracterising local context

The application describes the area as being “very mixed in nature” in order to minimise the incompatibility of the proposed land use with the surrounding residential homes. This is misleading as ALL the surrounding properties (on both sides of Barry Hertzog, behind on Mowbray and Gullane roads) are zoned Residential 1 for single dwelling homes.

3. Traffic

The on-site parking provision is inadequate for the intended (and current) use, and would be worse if the club expanded. When the sports club attracts visitors beyond the proposed parking capacity this will likely lead to overflow parking on the pavements and surrounding streets; cause congestion and dangerous traffic conditions on Barry Hertzog Avenue or surrounding streets. Issues around safe access and egress to the site and court are also raised.

4. Lack of approved building plans for the property and the Padel Court

The building plans provided are not approved. The National Building Regulations and Building Standards Act (No.103 of 1977) makes this requirement crystal clear. This legislation states that no person may erect, alter, add to, or convert any building without prior approval from the Local Authority. Padel courts qualify as permanent structures. Therefore, they fall squarely under these building regulations.

5. Environmental / Stormwater management

Even though the report states no negative impact on the environment is expected, there are concerns about noise and light pollutions and particularly around drainage and stormwater management. Padel courts require sophisticated drainage systems. They should not simply be built on top of existing tennis courts. Johannesburg’s intense summer thunderstorms can overwhelm inadequate drainage. Therefore, the building plans should demonstrate proper water management. This includes surface drainage, underground systems, and connection to municipal storm water infrastructure. These are not indicated in the current application.

 

6. Hours of Operation

In the application, it is stated that the Padel club operates 7 days a week throughout the day and into the early evening (in fact the adverts on internet advertise 7am – 9pm every day of the week). This means there is potentially noise and increased traffic for 14 hours a day, 7 days a week.

Despite the applicant’s assurance that impact on the neighbours will be negligible, this is an ongoing disruption to any residential tranquility.

 

7. Noise and Disturbance – negative impact on neighbours’ quality of life 

The current Padel court is built at the back of the house and is close to the boundary wall with their neighbours, whose bedrooms face the courts. Despite claims made in the application that the court is “small and unobtrusive”, neighbours are already constantly disturbed by the sounds and light coming from the Padel courts. The owner has been alerted to this, has received warnings and contravention notices from the City but has not addressed the concerns, simply is now trying legalise his disturbing and illegal business operation.

Globally the operation of Padel courts is associated with complaints about noise disturbances and light pollution (click on link for research on Padel Courts and noise and light disturbances/ impact on health). Excessive noise affects residents’ quality of life, causing disturbances and even health issues such as stress and sleep disruption. 

Even if the Padel court was being used only for private use, noise nuisance and noise disturbance laws would still cover any noise related complaints. However getting rights for a sports club opens up the door to a significant increase in noise and other disturbances.

8. Threats to security and privacy 

The memorandum explains that the Padel court in question is hired out to the general public. This increase in public access to a previously private property raises concerns about privacy for adjoining homeowners and possible security risks from outsiders using the facility. 

9. Need, Desirability, Reasonableness and Public Interest: 

The law requires that an application must be based on the need for the land uses applied for. The application has not provided any evidence of the demand for a new sports club or additional Padel Courts in the area.

The property concerned is a residential house situated within a few kilometers of a number of successful and well established sports and recreation clubs that are open to the general public. These include the ones listed below, that all have multiple padel courts that are easily accessible to the community.

1.1km = Marks Park and Padel courts

2.9km = Pirates Club and Padel courts

1.6km = Parkview Golf Club

1.4km = Parkview Squash Centre

2.9km = Zoo Lake Sports Club and Padel courts

The application states, but does not explain how this operating this Padel court for hire at 122 Barry Hertzog will “normalise our society” ,”keep young people off the streets”, improve “the health and wellness of the local community” or “uplift the standards of living” of the area, when in fact all international and local evidence is that padel courts (primarily as a result of the associated noise) are an incompatible use in a residential area. The memorandum explains that 20 – 30 minutes of exercise a day can reduce stress, it omits the increasing body of compelling research (endorsed by the World Health Organization and the European Environment Agency) that shows that persistent repetitive “noise exposure is a major public health threat affecting both physical and mental health.” This makes a Padel club in a residential property a wholly undesirable use.

The application also makes the unsubstantiated claim that “the applicant is further strengthening the economic environment with improved infrastructure and social amenities in Greenside.”

We do not believe the applicant has motivated any demonstrable need or desirability for this change in land use. The application is not reasonable and is not in the public interest. 

10. Precedent and opening up the property to further development in future 

Approving the consent use for a sports and recreation club and removal of all title deed restrictions could set a precedent for future applications seeking similar relaxations that cumulatively may change the nature of the suburb over time.

We view this application as an encroachment of incompatible commercial uses into the residential area.The boundaries between business and activity nodes and the residential areas should be well established and approval of this application could start a ‘domino effect’ as neighbouring properties are negatively impacted and want to sell their property for commercial and business uses.

Where we are in the process

• The City has published the notice and opened the public comment period. The closing date for objections or comments is 26 November 2025. Submissions after this date cannot be accepted.

Objections must be submitted by Wednesday 26th November 2025.

GRA’s position regarding this application 

For the reasons noted above, 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. We ask that residents submit their own objections individually. A single objection from the GRA does NOT protect the community on its own. The City only counts individual submissions from affected residents when considering public interest.

Links to the application documents are below: 

Notice of application

Motivating memorandum from the applicants agent

If you would like to object you can simply include 2 or 3 of the concerns that are most important to you. You can also use the Guidance template that can be found here: GRA-Guidance-for-objectors-application-for-consent use and ROR erf 1227.

You can write out a document or simply send in the body of an email but PLEASE

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)

2. You MUST include your name, address, cell phone number and  email address

3. Please include subject line Council Ref No. 312126 Objection Erf 1227 Greenside X2..

Objections MUST be submitted via email to both

ObjectionsPlanning@joburg.org.za

kevin@sja.co.za

Please copy GRA in, in your objection and email it to us on info@gra.org.za

by WEDNESDAY 26th November 2025

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