RERA constituted a working group to develop a consensus on issues affecting Rooiels. The group was drawn from a broad spectrum of views of Rooiels residents. The group was further sub-divided into three groups including: Legislation and Regulations affecting Rooiels, the Environment and Rooiels as a Buffer Zone, and a small group to compile information on the existing situation in Rooiels.
The urgency was to respond to new Overlay Zones for the Overstrand Municipal planning purposes before 2nd December,2019. In particular to consider the Rooiels Heritage Protection Overlay Zones (HPOZ).
The urgency was to respond to new Overlay Zones for the Overstrand Municipal planning purposes before 2nd December,2019. In particular to consider the Rooiels Heritage Protection Overlay Zones (HPOZ).
The most immediate issue for the Legislative Group on the Protection of Rooiels Character was to present clarity on the current legislative situation with respect to Title deeds and legislation affecting Rooiels. Further to address forthcoming proposed amendments to the By-Law, Zoning Scheme and Overlay Zones, specifically the Heritage Protection Overlay Zone for Rooiels and to make recommendations on the Amendments which must be responded to by 2nd December 2019. SCROLL down below to Working Groups documents to see the Overstrand Muncipality documents most directly relevant to the Rooiels HPOZ and EMOZ. For the full documentation you can link to these on the OM website or go direct to the OM relevant section through the RERA page.
The Environment Group worked on a rationale for why all Rooiels needs to be included into the HPOZ and a proposal for Rooiels to be identified as a Buffer EMOZ for OM planning purposes. It also worked on issues relating to Rooiels as part of the buffer zone for the Kogelberg Biosphere Reserve, together with ideas for establishing Rooiels as a venue for applied research. The group also worked on some drafts of Information Bulletins to be shared in future with new Residents. We would very much appreciate feedback and suggestions for improving these drafts.
Key Documents From the Working Group:
| rational_all_of_rooiels_included_in_hpoz_20_oct.docx |
|
| ||||||||||||
Other Documents produced by the Working Groups
|
| ||||
|
| ||||
Please go to Buffer Zone to KBR page for preliminary draft Motivation and for links to useful documents on KBR and Buffer Zones
|
| ||||
To support the Vision a series of Information Briefs are being produced to encourage, inform and give links to more information or assistance. The Fynbos of Rooiels, the Hack, Green Living and Useful Hints on Building in Rooiels are still to be produced. Comments and inputs on the drafts below are welcome and encouraged
|
| ||||
|
| ||||||||
Overstrand Municipality Documents
|
| ||||
|
| ||||
|
| ||||
|
| ||||
|
| ||||
|
|
| ||||||
RERA has summarised definitions of some of the Terms used and shared them by email. These are replicated below
SUMMARY ZONING SCHEME REGULATIONS
ZONING SCHEME REGULATIONS
Provincial Notice 7203 Schedule B
Definitions
As per the definitions in the proposed amendments to the OM’s Zoning Scheme Regulations the following definitions are relevant for today’s discussion:
“primary use” in relation to land or buildings means any use specified in this zoning scheme as a primary use, being a use that is permitted without the need to first obtain the Council’s consent;
“consent” means special permission granted by the Municipality, after due consideration of all relevant facts and after following lawful process, in terms of which a specific type of land use or activity is permitted in addition to the primary uses applicable to the property concerned;
“consent use” means the secondary use right that is permitted in terms of the provisions pertaining to a particular zone, only with the consent of the Council:
“day care centre” means the use of a portion of a dwelling or outbuildings by the occupant to provide day care, pre-school, play group or after school care services for a limited number of children provided that the primary use of the property shall prevail;
“guest house” means a dwelling house or second dwelling unit which is used for the purposes of temporary lodging of guests or lodgers on compensation, the provision of meals for guests, visitors or tourists, and is occupied by the owner or occupant, or manager of the property, and may include an in-house cash bar and restaurant, as long as these facilities are only used for the bona fide guests or lodgers and may not be accessible to the general public, but does not include a hotel, guest rooms, residential building or boarding house;
“guest rooms” means a limited number of rooms forming part of a dwelling unit that are let on a permanent or temporary basis to paying lodgers or guests, provided that the dominant use of the dwelling unit concerned shall remain for the living accommodation of a single family;
“home occupation” means the practicing of an occupation, profession, art or trade, or the conducting of an enterprise, which includes an estate agency, from a dwelling unit; provided that the dominant use of the dwelling concerned shall remain for the living accommodation of a single family, and the property complies with the requirements contained in this zoning scheme for a home occupation; but does not include adult entertainment;
“residential building” means a building where lodging is provided, other than a dwelling house, block of flats, or licensed hotel, for human habitation, together with such outbuildings as are ordinarily used therewith and includes residential rooms that are rented, boarding houses, hostels, old age homes and residential clubs, but does not include a retirement village, institution, guest rooms, tourist accommodation, or a place of instruction;
“second dwelling unit” means an additional dwelling unit which may, in terms of this zoning scheme, be erected on a land unit where a house is also permitted, and such second dwelling unit may be a separate structure or may be contained in the same structure as the dwelling house; provided that
“staff quarters” means a building, whether attached or detached from the main unit for the sole purpose of housing staff, and where Council can request proof of necessity of staff quarters;
ZONING SCHEME REGULATIONS
Provincial Notice 7203 Schedule B
Definitions
As per the definitions in the proposed amendments to the OM’s Zoning Scheme Regulations the following definitions are relevant for today’s discussion:
“primary use” in relation to land or buildings means any use specified in this zoning scheme as a primary use, being a use that is permitted without the need to first obtain the Council’s consent;
“consent” means special permission granted by the Municipality, after due consideration of all relevant facts and after following lawful process, in terms of which a specific type of land use or activity is permitted in addition to the primary uses applicable to the property concerned;
“consent use” means the secondary use right that is permitted in terms of the provisions pertaining to a particular zone, only with the consent of the Council:
“day care centre” means the use of a portion of a dwelling or outbuildings by the occupant to provide day care, pre-school, play group or after school care services for a limited number of children provided that the primary use of the property shall prevail;
“guest house” means a dwelling house or second dwelling unit which is used for the purposes of temporary lodging of guests or lodgers on compensation, the provision of meals for guests, visitors or tourists, and is occupied by the owner or occupant, or manager of the property, and may include an in-house cash bar and restaurant, as long as these facilities are only used for the bona fide guests or lodgers and may not be accessible to the general public, but does not include a hotel, guest rooms, residential building or boarding house;
“guest rooms” means a limited number of rooms forming part of a dwelling unit that are let on a permanent or temporary basis to paying lodgers or guests, provided that the dominant use of the dwelling unit concerned shall remain for the living accommodation of a single family;
“home occupation” means the practicing of an occupation, profession, art or trade, or the conducting of an enterprise, which includes an estate agency, from a dwelling unit; provided that the dominant use of the dwelling concerned shall remain for the living accommodation of a single family, and the property complies with the requirements contained in this zoning scheme for a home occupation; but does not include adult entertainment;
“residential building” means a building where lodging is provided, other than a dwelling house, block of flats, or licensed hotel, for human habitation, together with such outbuildings as are ordinarily used therewith and includes residential rooms that are rented, boarding houses, hostels, old age homes and residential clubs, but does not include a retirement village, institution, guest rooms, tourist accommodation, or a place of instruction;
“second dwelling unit” means an additional dwelling unit which may, in terms of this zoning scheme, be erected on a land unit where a house is also permitted, and such second dwelling unit may be a separate structure or may be contained in the same structure as the dwelling house; provided that
- The second dwelling unit shall remain on the same land unit;
- The second dwelling unit shall comply with the requirements specified in this zoning scheme;
- Council may require the payment of a bulk services levy or such other levy as it may determine when permitting the erection of a second dwelling unit;
- Where a wendy house, shelter or outbuilding is used for accommodation purposes, such wendy house, shelter or outbuilding shall be considered a second dwelling unit for the purpose of this scheme;
“staff quarters” means a building, whether attached or detached from the main unit for the sole purpose of housing staff, and where Council can request proof of necessity of staff quarters;
