Consent Use

Many property owners in Johannesburg discover that the use they have in mind for their property is not outright prohibited by the Town Planning Scheme, but neither is it permitted as of right. Instead, it falls into a category of uses that the scheme allows only with the specific consent of the municipality. This is known as a consent use, and obtaining that consent requires a formal application process. At Eduard van der Linde & Associates, we have been navigating consent use provisions across Johannesburg and Gauteng since 1992, helping property owners secure the permissions they need without the cost and complexity of a full rezoning.

How Consent Use Works

The Johannesburg Town Planning Scheme and equivalent schemes in neighbouring municipalities list the land uses permitted in each zone. These are typically divided into two categories: primary uses, which are permitted as of right, and consent uses, which are allowed subject to the approval of the local authority. The consent use mechanism gives the municipality discretion to allow additional activities in a zone where they are considered potentially compatible, but where the specific circumstances of each case need to be assessed.

For example, in a Residential 1 zone, the primary permitted use is a single dwelling house. However, the scheme may list certain additional uses — such as a place of instruction, a medical consulting room, or a place of worship — as consent uses. These activities are not automatically prohibited, but they cannot proceed without a formal application to and approval by the municipality.

Common Consent Use Scenarios

• Home businesses in residential areas — Professionals such as accountants, attorneys, architects, and consultants who wish to operate from a dedicated office on their residential property. The Town Planning Scheme often permits this as a consent use, subject to conditions regarding the scale of the operation, signage, parking, and employee numbers.
• Places of worship — Churches, mosques, synagogues, and other religious institutions frequently operate in residential areas under consent use provisions. These applications require careful attention to traffic, parking, noise, and the impact on neighbouring properties.
• Educational facilities — Pre-schools, creches, and small private schools in residential areas are commonly handled through consent use applications. The municipality typically imposes conditions relating to outdoor play areas, drop-off arrangements, and hours of operation.
• Medical consulting rooms — Doctors, dentists, physiotherapists, and other healthcare practitioners seeking to consult from residential properties. Consent use approval usually comes with conditions on the number of practitioners, parking provision, and signage.
• Guest houses and bed-and-breakfast establishments — Operating accommodation in a residential zone typically requires consent use approval, with conditions addressing the number of rooms, parking, and the residential character of the neighbourhood.
• Institutional uses — Community centres, welfare organisations, and similar institutions in residential zones may be accommodated through consent use where the scheme provides for it.

The Application Process

A consent use application follows a structured process similar to other land use applications under SPLUMA and the municipal by-laws:

1. Assessment and pre-consultation — We review the Town Planning Scheme to confirm that the intended use is listed as a consent use in the applicable zone. We assess the property’s suitability, the likely impact on neighbours, and any conditions the municipality is likely to impose.
2. Motivation report — We prepare a written motivation that addresses the planning merits of the proposed use, its compatibility with the surrounding area, and how potential impacts will be managed. The strength of this motivation is often the determining factor in whether the application succeeds.
3. Submission and advertising — The application is lodged with the municipality and advertised for public comment. Neighbours and interested parties are given the opportunity to submit objections or representations.
4. Response to objections — Where objections are received, we prepare a detailed response addressing each concern raised. In many cases, we engage directly with objectors to find solutions that satisfy their concerns while protecting the applicant’s interests.
5. Decision — The application is considered by the authorised official or the Municipal Planning Tribunal, depending on the nature and scale of the proposed use. Approval is typically granted subject to specific conditions.

Conditions Typically Imposed

Consent use approvals almost always come with conditions designed to manage the impact of the approved use on the surrounding area. Common conditions include:

• Parking requirements — A specified number of off-street parking bays must be provided, calculated according to the type and scale of the use.
• Operating hours — Restrictions on when the activity may operate, particularly in residential areas.
• Signage limitations — Controls on the size, type, and placement of any signage associated with the use.
• Scale restrictions — Limits on the number of employees, clients, or pupils, or on the floor area devoted to the consented use.
• Time limitations — Some consent use approvals are granted for a fixed period, after which the applicant must apply for renewal.

Consent Use Versus Rezoning

The key distinction is one of permanence and scope. A consent use is a permission granted for a specific use on a specific property, often with conditions and sometimes with a time limit. It does not change the underlying zoning of the property. Rezoning, by contrast, permanently changes the zoning designation, altering the full range of permitted uses and development parameters.

Consent use is typically appropriate where:

• The proposed use is specifically listed as a consent use in the applicable zone
• The activity is relatively modest in scale and compatible with the surrounding area
• The applicant does not need the broader development rights that come with a different zoning
• A faster and less costly approval process is preferred

Rezoning is more appropriate where the intended use is not listed as a consent use, where the scale of the development demands different bulk parameters, or where a permanent change in land use rights is needed to support the property’s value and future flexibility.

Consent use is often the most practical route for property owners who want to add an activity to their property without the full cost and timeframe of rezoning. The key is understanding whether the scheme provides for it and how to present an application that the municipality can confidently approve.

If you need to establish whether your intended use qualifies for consent use treatment, or if you are ready to proceed with an application, contact us for a straightforward initial consultation. We will tell you where you stand and what it will take to get you there.