Who decides
Consent use & special consent 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 consent use & special consent is to obtain municipal permission for a use the zoning allows only with consent. Common situations in Eastern Cape towns such as Kirkwood include: you want to run a business, crèche or guest house from a residential property.
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
- You want to run a business, crèche or guest house from a residential property
- You are adding a second dwelling where the scheme requires consent
- A telecommunications or utility installation requires consent under the scheme
The broad process
- Check the scheme and title conditions
- Prepare and submit the application
- Notification of affected parties
- Municipal evaluation and decision
- Compliance with any conditions
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 consent use & special consent 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 consent use & special consent 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 consent use & special consent 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.