Who decides
Building-line relaxations & departures matters for property in Kirkwood and surrounding areas are dealt with by Sundays River Valley Local Municipality, in Eastern Cape. It forms part of the Sarah Baartman District, but the district municipality is not assumed to decide these applications.
| Municipality | Sundays River Valley Local Municipality (local) |
|---|---|
| Province | Eastern Cape |
| District | Sarah Baartman |
Local requirements
The aim of building-line relaxations & departures is to relax building lines, coverage, height or other development parameters. Common situations in Eastern Cape towns such as Kirkwood include: a planned extension encroaches into the side or rear building line.
Areas covered by Sundays River Valley Local Municipality include Kirkwood. Neighbouring municipalities in the Sarah Baartman District, such as Blue Crane Route, Dr Beyers Naudé, Kou-Kamma, Kouga, Makana, Ndlambe, are separate planning authorities with their own by-laws and schemes, so the correct municipality must be confirmed from the property's location.
Applications are made under Sundays River Valley Local Municipality's Municipal Planning By-law, read with SPLUMA (2013) and the applicable land use scheme. Decisions are taken by an authorised official or the Municipal Planning Tribunal, with appeals to the appeal authority. Fees, documents and timeframes are set by Sundays River Valley Local Municipality and change from time to time, so they are confirmed for each matter.
When you may need it
- A planned extension encroaches into the side or rear building line
- An existing structure was built over a line and needs to be regularised
The broad process
- Assessment
- Neighbour consents
- Application
- Decision
Documents commonly required
- Copy of the title deed (later stage, not at enquiry)
- Surveyor-General diagram or general plan
- Zoning certificate or current land-use information
- Power of attorney and owner consent where applicable
What affects cost
- Professional planning fees for preparation and motivation
- Municipal application fees set by the relevant municipality
- Advertising and notice costs where public participation is required
- Specialist reports (for example traffic, engineering services or environmental)
Professional fees, municipal application fees, advertising and specialist costs are quoted separately for each matter. Timeframes depend on completeness, objections, specialist work and municipal processing.
Questions
Which municipality handles building-line relaxations & departures in Kirkwood?
Sundays River Valley Local Municipality in Eastern Cape is the planning authority for Kirkwood. The exact property location should still be confirmed, as municipal boundaries do not always follow town names.
Does the Sarah Baartman District Municipality decide building-line relaxations & departures applications?
Not by default. Under SPLUMA, local municipalities such as Sundays River Valley Local Municipality are their own planning authorities for most land-use applications.
What should I check before starting with building-line relaxations & departures in Kirkwood?
Useful starting points are: Copy of the title deed (later stage, not at enquiry); Surveyor-General diagram or general plan; Zoning certificate or current land-use information. Title deed conditions, servitudes and previous approvals should also be checked.