Securing and Defending Land Use Rights
Town planning, in its statutory form, is the process of securing and defending the right to use land for a particular purpose. Glensburg Town Planners is a boutique, research-led practice in Illovo, Sandton, led by SACPLAN-registered professional planners. We prepare, motivate, lodge and argue land development applications across the City of Johannesburg and the wider Gauteng City-Region.
How We Practise
Every motivation is argued against the five development principles in Section 7 of SPLUMA — not compliance with the by-law alone.
Do You Need A Town Planner?
You need a town planner whenever the use you intend is not already permitted by your property’s zoning and title. In our experience, these are the clearest triggers.
A business on a residential Erf
You want to operate a business, guest house, crèche or second dwelling from a property zoned Residential 1.
More bulk than the zoning allows
You want to build at a higher density, coverage or height than your current zoning permits.
Changing erf boundaries
You want to divide one Erf into more than one portion, or combine adjoining erven into a single property.
A contravention notice
The municipality has served notice that a use or structure on your property does not comply.
A due diligence flag
A buyer's or bank's due diligence has surfaced a zoning or title problem before transfer.
If any of these apply, the first step is establishing what your zoning and title actually permit, before you commit to a route.
Applications We Prepare and Defend
Most projects need more than one of these. We establish which applications your property actually requires at assessment stage, before anything is lodged.
Rezoning
Change your property's zoning to unlock new development rights. We prepare, motivate and defend the application from submission to decision.
Rezoning >Consolidation
Combine two or more adjoining erven into one. We resolve the zoning, servitude and title conditions that consolidation usually surfaces.
Consolidation >Building Line Relaxation
Obtain municipal consent to build within a restricted building line, as provided for in the land use scheme.
Building Line Relaxation >Consent Use
Secure municipal consent for a use the scheme permits only with approval: guest houses, places of instruction, second dwellings.
Consent Use >Contravention Notices
Respond to a municipal contravention notice. We assess the alleged breach, advise on regularisation, and prepare the representations the by-law requires.
Contravention Notices >Departures and Permissions
Obtain the scheme-specific permissions, departures and relaxations regulated by the land use scheme.
Departures and Permissions >Subdivision
Divide an erf into separate portions. We handle the application, servitude implications and the Surveyor-General submissions that follow.
Subdivision >Agricultural Land Subdivision
Subdivide agricultural land, which requires Ministerial consent under Section 3 of the Subdivision of Agricultural Land Act 70 of 1970.
Agricultural Land Subdivision >Removal of Restrictive Conditions
Remove or amend outdated title deed conditions that limit the use, coverage or building lines of your property.
Removal of Restrictive Conditions >Township Establishment
Establish a new township on raw or subdivided land, from pre-application through to proclamation in the Provincial Gazette.
Township Establishment >Excision of Agricultural Holdings
Remove land from the Agricultural Holding Register so it reverts to a farm portion and can be developed for other uses.
Excision of Agricultural Holdings >Representation at MPTs and Appeals
Argue desirability before Municipal Planning Tribunals, and prepare appeals to the appeal authority.
Representation at MPTs and Appeals >The Statutory Framework
Land use applications are governed by national legislation, by the by-law of the municipality in which the property falls, and by the land use scheme applying to the erf. These are the instruments we work under.
SPLUMA
The Spatial Planning and Land Use Management Act 16 of 2013. Chapter 2 sets the five development principles binding every municipal decision-maker; Section 35 constitutes the Municipal Planning Tribunal.
The planning by-law
Each municipality has its own. Johannesburg operates under the Municipal Planning By-law, 2016 as amended in 2023, which sets procedure, notice periods and the decision-making structure.
The land use scheme
Assigns a land use zoning to every Erf and sets the parameters that apply to it: such as permitted land use, coverage, height, building lines and parking.
PAJA
The Promotion of Administrative Justice Act 3 of 2000. A decision on a land use application is administrative action: it must be lawful, reasonable and procedurally fair, and reasons must be given.
Sector-specific statutes apply where relevant. Agricultural land engages the Subdivision of Agricultural Land Act 70 of 1970; sectional title schemes engage the Sectional Titles Act 95 of 1986 and the Sectional Titles Schemes Management Act.
The Statutory Spine
Every land use application follows the same five phases. Knowing where you are in that sequence is most of what clients want from us.
Assessment
Zoning, title conditions, servitudes and service capacity, established before an application route is chosen.
Lodgement
The motivation is written against SPLUMA Section 7 and the by-law, with likely objections answered inside it.
Participation
The public participation period runs alongside departmental circulation. Both are mandatory.
Decision
Decided administratively, or referred to the Municipal Planning Tribunal where valid objections are received.
Promulgation
Conditions of approval are complied with and the scheme promulgated in the Provincial Gazette. Only then do the rights vest.
| Application | Unopposed | Opposed or referred to Tribunal |
|---|---|---|
| Building line relaxation | 2–4 months | — |
| Consent use | 3–6 months | 6–12 months |
| Rezoning | 6–9 months | 12–18 months or longer |
| Subdivision or consolidation | 6–9 months | 12–18 months |
| Township establishment | 12–18 months plus proclamation | 18–24 months or longer |
A clean rezoning typically runs six to nine months. Opposed matters run twelve to eighteen months or longer, and township establishment twelve to eighteen months plus proclamation. We give you the realistic figure at assessment, not the optimistic one.
Why Applications Fail
In our experience, few applications fail on the merits of the proposal. They fail on things that were knowable before lodgement.
Incomplete Lodgement
A missing consent, an unresolved title condition or an outdated site plan sends the application back to the start of the queue rather than on to the next desk.
A motivation that only argues compliance
Where the scheme does not permit the proposal, a compliance argument has nowhere to go. The motivation has to engage the development principles directly.
Objections nobody anticipated
Objections are largely predictable if you know the area. Answering them after the comment period closes is far weaker than addressing them inside the motivation.
Title conditions found late
Zoning and title are separate instruments. A restrictive condition discovered after lodgement usually means a second application and a restarted clock.
All four are visible at assessment stage. That is why we do the assessment before advising on a route, and why we will occasionally tell a client that the application they came for is not the one they need.
Where We Work
We prepare land use applications across the Gauteng City-Region, the Western Cape, KwaZulu-Natal and North West — in Johannesburg, Ekurhuleni, Tshwane, Midvaal, Mogale City, Cape Town, eThekwini and Mahikeng. Each municipality’s by-law sets its own procedure, notice periods and decision-making structure.
Before You Instruct Us
What property owners and developers ask most often, answered from practice rather than from a template.
Question not answered here?
Tell us about the property and we’ll advise on the application route.
Fees depend on the application type, the municipality and the complexity of the site, so any firm quoting a figure before seeing the property is guessing. Our fees are structured in phases against work delivered — inception, submission, advertising and final approval — so the cost is spread across the process rather than paid upfront. Separately from professional fees, budget for municipal application fees, advertising costs, specialist studies where required, and bulk services contributions where the development increases demand on municipal infrastructure. Bulk contributions can be substantial and should be established at feasibility stage rather than discovered at approval.
No. There is no legal mechanism to shorten the statutory timeframes set by SPLUMA and the municipal by-laws, including the mandatory 28-day public participation period and the external departmental circulation phase. A rezoning in the City of Johannesburg typically takes six to twelve months, and where valid objections are lodged the application must be referred to the Municipal Planning Tribunal for a hearing. What shortens real-world delay is a complete, correctly motivated application — not a shortcut.
Rezoning permanently changes a property's zoning category and its development rights by amending the land use scheme. Consent use grants a specific secondary right — a guest house or crèche, for instance — with municipal consent, while the primary zoning stays the same. It is narrower, and usually faster and less costly, than a full rezoning.
Often, yes. A property can be correctly zoned and still carry an old title-deed condition — "no business permitted", for example — that blocks the intended use. Removal of restrictive conditions is a separate application that we frequently run alongside a rezoning so that the rights are fully unencumbered.
The Municipal Planning Tribunal is the body constituted under Section 35 of SPLUMA and the municipal by-law that adjudicates land development applications. Where valid objections are received during public participation, the application cannot be decided administratively and must be referred to the Tribunal for a hearing, at which a planner argues the case for approval. Glensburg represents clients at MPT hearings.
Our primary footprint is the Gauteng City-Region: the City of Johannesburg, City of Tshwane, City of Ekurhuleni, Mogale City and Midvaal. We also act in the Western Cape, KwaZulu-Natal and North West where specialised statutory knowledge is required.
Yes. Our in-house architects prepare and submit building plans under the National Building Regulations and Building Standards Act 103 of 1977, and prepare Site Development Plans — developed in parallel with the planning strategy rather than after it.
Speak to a Planner
Not sure which application your property needs? Tell us about the site and we’ll advise on the route, the likely timeline, and what the municipality will want to see. Initial consultations carry no obligation.
35 Fricker Road, Illovo, Sandton · Applications across the Gauteng City-Region