Clause 7 - Use of Residential Accommodation or Land for Other Purposes

01/07/1985 (1) No profession, occupation or business may be carried on by any person in a dwelling house, ancillary 01/07/1985
unit, maisonette, extended residential building,14/11/1996

a dwelling unit in a cluster housing development or a room or flat in a residential building save in the circumstances and upon the conditions contained in this clause and subject, further, to the provisions of any other law.10/12/1996

(2) (a) The occupant of a dwelling house may let any bedroom or 27/03/2000

lounge in a dwelling house; provided that not more than four persons may be so accommodated in such dwelling house.30/03/2000

(b) The provisions of paragraph (a) hereof shall not be deemed to authorise the conversion of any dwelling house into two or more separate self-contained units.
07/02/1983
(c) Deleted.27/03/2000

30/03/2000
(d) The occupant of a dwelling house may conduct the occupation of a day time child-minder provided that the occupation is restricted to the care of not more than six children and provided further that the carrying on of the occupation does not, in the opinion of the City Engineer, detrimentally affect the amenities of the neighbourhood.
02/02/1987

(3) The occupant of a dwelling house, maisonette, extended residential building or of a room or flat in a residential building who, immediately prior to the date of the introduction of this Scheme, was lawfully carrying on a profession or occupation in such premises shall be permitted to continue to do so, subject however, to the provisions of sub-clause (7) hereof.21/06/1982

(4) The residential occupant of a dwelling house, an 21/06/1982

ancillary unit, a room or dwelling unit in a residential 05/11/1984

building, a dwelling unit in a maisonette, a dwelling 08/12/1989

unit in a cluster housing development or a dwelling 18/07/1994
unit in an extended residential building may conduct
26/02/1996

therein an occupation, profession or business - 14/11/1996

provided that such conduct does not involve 10/12/1996

(a) the use of any portion of the premises as a shop or for industrial purposes;

(b) more than one partner or employee assisting the occupant with the occupation, profession or business in a dwelling house or in a dwelling unit of a maisonette;

business in an ancillary unit, in a room or in a dwelling unit in a residential building, in a dwelling unit in a cluster housing development or in a dwelling unit in an extended residential building; 10/12/1996

(d) the public display of goods whether in a window or otherwise;

(e) the storing or keeping upon the site of anything which, with due regard to the amenities of the neighbourhood, is considered by the Council to be unsightly or undesirable;

(f) the displaying of any notice or sign other than a notice or sign not exceeding 0,2 m² in area to indicate the name and occupation, profession or business of the occupant;

(g) the use of more than 20% of the floor area of the dwelling house, ancillary unit or a 14/11/1996

dwelling unit in a maisonette, cluster housing development, residential building or extended residential building; or 10/12/1996

in the opinion of the Council, cause an interference with the amenities of the neighbourhood; provided further that the Council may, by special consent, vary any of the requirements of provisos (a), (b), (c) and (d) above if it is satisfied that such variation will not unduly interfere with the amenities of the neighbourhood existing or as contemplated by the Scheme; provided further that the Council may exempt an applicant from applying for special consent.

(5) (a) The Council may by special consent on any site situated contiguous to a site zoned 27/09/1976

Special or General Shopping or where the major portion of the site is opposite 21/06/1982
26/08/1985
such a site and separated there from by only a street and where the Council is satisfied that the development would enhance the amenity of the neighbourhood, authorise the erection of offices or the conversion to offices of the whole or any portion of a dwelling house, ancillary unit, maisonette or flat in any Special Residential, Maisonette, Duplex, Extended Residential or General Residential l, 2, 3 or 4 zone provided that the Council shall be satisfied that such office use will:-

(i) not prejudice the development of the Special or General Shopping zone to which the site is contiguous or opposite;

(ii) cater specifically for the needs of the neighbourhood;

(iii) not unduly generate pedestrian traffic across any street to or from the Special or General Shopping zone;

provided, further, that the Council may relax the requirements of provisos (i) to (iii) above where it is satisfied that the proposed development will:-

(i) raise the environmental quality of a blighted area and thereby lead to the possible regeneration of such area;

(ii) conserve a building which in the opinion of the City Engineer is worthy of conservation.

(iii) The granting of approval in terms of this sub-clause shall be subject to the following conditions:-

(i) the building shall be designed so as to harmonise with and in its external appearance, conform to residential development existing or as contemplated in the zone in which it is situated;

(ii) the property shall be laid out and maintained to the satisfaction of the City Engineer;

(iii) provision shall be made for the parking of vehicles in terms of Clause 12 to the satisfaction of the City Engineer;

(iv) goods shall not be displayed in the public view either in a window or otherwise.
(6) The Council may by special consent authorise on a site within any General Residential 1, 2, 3 or 4 zone
27/09/1976

either the erection of offices for religious purposes or the conversion of the whole or part of any residential building into such offices; provided such offices are integrated with or contiguous to a place of worship and the Council is satisfied that no interference with the amenities of the neighbourhood will result. 21/06/1982

(6)bis The Council may by special consent authorise the erection of medical offices or the conversion 26/05/1998

of the whole or any portion of a dwelling house, ancillary unit, maisonette, extended residential building, cluster housing development or residential building in any Special Residential, Maisonette, Extended Residential, Duplex or General Residential 1, 2, 3 or 4 use zone for conducting the professions or occupations of a medical practitioner, dentist, veterinarian, traditional healer and such other professions or occupations of a like or allied nature subject to the following conditions:- 28/05/1998

(a) the building shall be designed so as to harmonise with and in its external appearance, conform to the residential development existing or as contemplated in the zone in which it is situated;

(b) provision shall be made for the parking, loading and off-loading of vehicles in terms of clause 12; provided that the surface material used to cover the parking area shall not be of a permanent nature, in particular, tar macadam and concrete shall not be used;

(c) the property including the parking area shall be landscaped and maintained to the satisfaction of the Executive Director (Physical Environment);

(d) not more than six persons including practitioners and staff shall practice or be employed in that portion of the premises to which the Council’s special consent relates provided that the Executive Director (Physical Environment) may, at his discretion, vary this number;

(e) no external advertising other than the name of the building and the practitioners name plates shall be permitted.

27/03/2000 (6(ter)) The Council may, by special consent, authorise the use of a dwelling house, which may also include any

30/03/2000 outbuilding, for the purpose of a bed and breakfast/guest house in any Special Residential, Maisonette or Extended Residential use zone subject to the following conditions:-

(a) the building shall, in the opinion of the Council, conform in its internal and external appearance to the definition of a dwelling house as embodied in clause 1 so that if its use as a bed and breakfast/guest house ceases the use of the building shall revert to that of a dwelling house;

(b) if any rooms within the main building are used or designed to be used as accommodation for the bed and breakfast/guest house such rooms shall have an entrance inside the main building;

(d) on-site parking for all uses shall be provided to the satisfaction of the Executive Director (Development and Planning);

(e) the site including the parking area shall be landscaped and maintained to the satisfaction of the Executive Director (Development and Planning);

(f) No external advertising shall be permitted on the site other than a maximum of one unilluminated sign on each road frontage and each such sign shall not exceed 0,2m² in area;

Provided that the Council may waive compliance with the special consent procedure if the written consent of the registered owner of each adjoining property and such other properties as the Council may direct, has first been obtained.

(7) (a) The Council may, where it is of the opinion that the carrying on of any use within any Special Residential, Maisonette,08/12/1989

Extended Residential, Duplex or General 27/03/2003
Residential use zone is causing an interference with the amenities of the neighbourhood, by not less than 30 days notice in writing to the person carrying on such use, call upon him to removthe cause of such interference or to discontinue such use, notwithstanding that the Council has granted its authority for such use in terms of this clause or any similar provision in
30/03/2000

any other Town Planning Scheme in operation prior to the date of introduction of this Scheme.
(b) Where such person fails to remove the cause of such

27/03/2000

interference or fails to discontinue such use within the period provided in such notice, then such use shall be deemed to constitute a use to which the premises in question are being put without the authority of the Council.

30/03/2000

(c) Nothing in this sub-clause shall entitle the Council to prohibit any such use which constitutes a use to which the dwelling house 27/03/2000

, ancillary unit, room or dwelling unit in a residential building, dwelling unit in a maisonette, dwelling unit in a cluster housing development or dwelling unit in an extended residential building in question was put before the material date.30/03/2000