RICHARDS BAY

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					       FORTH DRAFT




     UPDATED VERSION
         OF THE
      RICHARDS BAY
  TOWN PLANNING SCHEME
IN COURSE OF PREPARATION


        AUGUST 2004
        RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                                                                             ii


                                                                      INDEX
1.      THE SCHEME ............................................................................................................................................ 1
1.1     TITLE                                                                                                                                            1
1.2     CONSTITUTION OF THE SCHEME                                                                                                                       1
1.3     DATES OF COMING INTO OPERATION                                                                                                                   1
1.3.1   Effective Date                                                                                                                                       1
1.3.2   Date of Adoption                                                                                                                                     1
1.4     AREA OF THE SCHEME                                                                                                                               1
1.5     TOWN PLANNING SCHEME MAP                                                                                                                         1
1.6     DEVELOPMENT PLANS                                                                                                                                2
1.7     DEFINITIONS                                                                                                                                      2
1.8     CONTRAVENTION OF THE SCHEME                                                                                                                      2
1.9     INSPECTION OF SCHEME                                                                                                                             2
1.10    AMENDMENT TO THE SCHEME                                                                                                                          2
1.11    CONFLICT OF LAWS                                                                                                                                 2
1.11.1 2
1.11.2 3
1.12    SITE DEVELOPMENT PLANS                                                                                                                           3
2.      RESPONSIBLE AUTHORITY AND GENERAL POWERS OF THE COUNCIL ......................................... 4
2.1     RESPONSIBLE AUTHORITY                                                                                                                            4
2.2     GENERAL POWERS OF THE COUNCIL                                                                                                                    4
2.2.1   POWER OF THE COUNCIL TO ERECT AND USE BUILDINGS AND TO USE LAND                                                                                      4
2.2.2   PROHIBITIVE AND SUSPENSIVE POWERS OF THE COUNCIL                                                                                                     4
2.2.3   SUSPENSION OF BYLAWS                                                                                                                                 4
2.2.4   CORRECTIVE POWER OF THE COUNCIL                                                                                                                      5
2.2.5   LEGAL PROCEEDINGS                                                                                                                                    5
2.2.6   POWERS IN RESPECT OF CONTRAVENTIONS AND SUSPECTED CONTRAVENTIONS OF THE
        SCHEME                                                                  5
2.3     APPEAL RIGHT                                                                                                                                     6
3.      ERECTION AND USE OF BUILDINGS AND USE OF LAND .................................................................... 7
3.1     PURPOSE FOR WHICH BUILDINGS MAY BE USED AND FOR WHICH LAND MAY BE USED                                                                           7
3.1.1   BUILDING AND LAND USE TYPES                                                                                                                          7
3.1.2   RESERVATION OF LAND                                                                                                                                  7
3.1.3   USE ZONES                                                                                                                                            7
3.1.4   PRIMARY USES, CONSENT USES AND PROHIBITED USES                                                                                                       7
3.2     PROVISIONS QUALIFYING THE ERECTION AND USE OF BUILDINGS AND THE USE OF LAND 8
3.2.1   GENERAL PROVISIONS                                                                                                                                   8
3.2.2   ADDITIONAL CONDITIONS AND PROVISIONS APPLICABLE TO ALL LAND WITHIN PRIVATE
        TOWNSHIPS                                                                                                                                            9
3.2.3   ADDITIONAL CONDITIONS AND PROVISIONS APPLICABLE TO DWELLING UNITS AND THE SITES
        THEREOF                                                                      11
3.2.4   PROVISIONS APPLICABLE TO CLUSTER AND GROUPED HOUSING                                                                                                 15
        RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                              iii

3.2.5   ADDITIONAL PROVISIONS APPLICABLE TO RESIDENTIAL BUILDINGS AND/OR MEDIUM DENSITY
        HOUSING AND/OR CHALETS                                                       23
3.2.6   ADDITIONAL PROVISIONS APPLICABLE TO HOTELS                                                            25
3.2.7   ADDITIONAL CONDITIONS AND PROVISIONS APPLICABLE TO PUBLIC GARAGES                                     26
3.2.8   ADDITIONAL CONDITIONS AND PROVISIONS APPLICABLE TO PLACES OF PUBLIC WORSHIP 27
3.2.9   ADDITIONAL PROVISIONS APPLICABLE TO RESORT ZONES                                                      28
3.2.10 ADDITIONAL PROVISIONS APPLICABLE TO PARKS FOR MOBILE HOMES                                             29
3.2.11 ADDITIONAL PROVISIONS APPLICABLE TO ALL LAND WITHIN THE PRIVATE OPEN SPACE USE
       ZONE                                                                         29
3.2.12 ADDITIONAL PROVISIONS APPLICABLE TO PARKING ERFS AND PARKING GARAGES                                   30
3.2.13 ADDITIONAL PROVISIONS APPLICABLE TO ALL BUILDINGS AND LAND WITHIN THE GENERAL
       INDUSTRIAL AND/OR SERVICE INDUSTRIAL AND/OR RESTRICTED INDUSTRIAL USE ZONES
       AND TO ALL INDUSTRIES                                                         31
3.2.14 ADDITIONAL PROVISIONS APPLICABLE TO DRIVE-IN THEATRES                                                  35
3.2.15 ADDITIONAL PROVISIONS APPLICABLE TO ALL COMMERCIAL BUILDINGS                                           37
3.3     FLOOR AREA RATIO, COVERAGE AND HEIGHT                                                                37
3.3.1   MAXIMUM PERMISSIBLE FLOOR AREA RATIO AND COVERAGE                                                     37
3.3.2   PROPORTIONAL FLOOR AREA RATIO AND COVERAGE                                                            37
3.3.3   HEIGHT                                                                                                38
3.4     SUBDIVISION AND CONSOLIDATION                                                                        38
3.4.1   APPROVAL REQUIRED FOR SUBDIVISION OR CONSOLIDATION OF LAND                                            38
3.4.2   CONVERSION OF APPLICATION FOR APPROVAL TO APPLICATION FOR CONSENT                                     38
3.4.3   CONSIDERATIONS                                                                                        38
3.4.4   TOWN COUNCIL TO REFUSE CERTAIN APPLICATIONS                                                           39
3.4.5   SUBDIVISIONAL STANDARDS                                                                               39
3.5     EXISTING USES                                                                                        40
3.5.1   CONTINUED USE OF AN EXISTING USE                                                                      40
3.5.2   EXTENSION OR REPLACEMENT OF A NON-CONFORMING USE                                                      40
3.5.3   LAPSING OF A NON-CONFORMING USE                                                                       41
3.5.4   COMPENSATION UPON TERMINATION OF A NON-CONFORMING USE                                                 41
3.5.5   APPEAL IN THE CASE OF CERTAIN EXISTING USES                                                           42
4.      PERMISSIONS, APPROVALS AND CONSENTS OF THE COUNCIL .................................................... 43
4.1     INTERPRETATION                                                                                       43
4.1.1   "Permission"                                                                                          43
4.1.2   "Approval"                                                                                            43
4.1.3   "Consent"                                                                                             43
4.2     APPLICATION FOR THE PERMISSION OF THE COUNCIL                                                        43
4.3     APPLICATION FOR THE APPROVAL OF THE COUNCIL                                                          43
4.3.1   43
4.3.2   43
4.3.3   43
4.4     APPLICATION FOR THE CONSENT OF THE COUNCIL                                                           43
4.4.1   Advertisement Of Application                                                                          43
4.4.2   FORM OF PRESCRIBED NOTICES                                                                            44
        RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                                                   iv

4.4.3   SUBMISSION OF APPLICATION FOR THE CONSENT OF THE COUNCIL                                                                    45
4.4.4   SUBMISSION OF OBJECTIONS OR REPRESENTATIONS                                                                                 45
4.4.5   HEARING OF AN APPLICATION                                                                                                   46
4.5     CONSIDERATION OF AN APPLICATION FOR THE PERMISSION, APPROVAL OR CONSENT OF
        THE COUNCIL                                                               46
4.5.1   COUNCIL NOT TO CONSIDER INFORMAL APPLICATIONS                                                                               46
4.5.2   COUNCIL TO COME TO A DECISION                                                                                               46
4.5.3   NATURE OF A DECISION OF THE COUNCIL                                                                                         47
4.6     COMING INTO EFFECT OF A DECISION OF THE COUNCIL                                                                           47
4.6.1   NOTIFICATION OF DECISION                                                                                                    47
4.6.2   DATE OF COMING INTO EFFECT OF A DECISION OF THE COUNCIL                                                                     47
4.7     RENDERING VOID OF A PERMISSION, APPROVAL OR CONSENT ONCE GRANTED                                                          48
4.7.1   NON-COMPLIANCE WITH ANY CONDITION OF A PERMISSION, APPROVAL OR CONSENT                                                      48
4.7.2   FAILURE TO IMPLEMENT OR CONTINUE A PERMISSION, APPROVAL OR CONSENT OF THE
        COUNCIL                                                                                                                     48
4.8     CONFLICT BETWEEN A PERMISSION, APPROVAL OR CONSENT AND ANY OTHER LAW                                                      48
4.9     RELEVANCE OF THE PROVISIONS OF THE SCHEME TO PERMISSIONS, APPROVALS AND
        CONSENTS                                                                                                                  48
4.10    APPEAL AGAINST A DECISION OF THE COUNCIL                                                                                  48
4.11    THE COUNCIL AS APPLICANT                                                                                                  48
5.      PROVISION OF AMENITIES AND FACILITIES ....................................................................................... 50
5.1     BUILDING LINES AND SIDE AND REAR SPACES                                                                                   50
5.1.1   BUILDING LINES                                                                                                              50
5.1.2   SIDE AND REAR SPACE                                                                                                         51
5.2     PARKING ACCOMMODATION                                                                                                     52
5.2.1   Provision of Parking                                                                                                        52
5.2.2   Computation of the Number of Parking Spaces Required                                                                        52
5.2.3   Approval of Parking Areas Required                                                                                          53
5.2.4   Treatment of Parking Areas                                                                                                  53
5.2.5   Completion of Parking Areas                                                                                                 53
5.2.6   Relaxation of Parking Requirements                                                                                          53
5.2.7   Alternatives to on-site parking within the boundaries of a site                                                             54
5.2.8   Provision of Parking for amended uses                                                                                       55
5.2.9   Excess Parking                                                                                                              55
5.2.10 Exemption from the provision of on-site parking                                                                              55
5.2.11 Parking Garage                                                                                                               55
5.2.12 The provision of parking on Service Industrial zoned erven in Richards Bay, Extension 23 and 24 shall,
       notwithstanding any other provision of this Scheme, be subject to the provisions of Clause 3.2.13.7 of
       this Scheme.                                                                                           55
5.3     LOADING ACCOMMODATION                                                                                                     55
5.3.1   Interpretation of a Loading Area                                                                                            55
5.3.2   Provision of Loading Area                                                                                                   56
5.3.3   Prohibition in Respect of Streets                                                                                           56
5.3.4   Treatment of Loading Areas                                                                                                  56
        RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                                                                    v

5.3.5   Loading area additional to Parking area                                                                                                      56
5.4     SPECIFIC PROVISION FOR LOADING ZONES                                                                                                       56
5.4.1   Computation of the number of loading zones required                                                                                          56
5.4.2   Approval of Loading Zones Required                                                                                                           56
5.4.3   Treatment of Loading Zones                                                                                                                   56
5.4.4   Completion of Loading Zones                                                                                                                  57
5.4.5   Relaxation of Loading Zone Requirements                                                                                                      57
5.4.6   Alternatives to on-site loading zones within the boundaries of a site                                                                        57
5.4.7   Provision of loading zones for amended uses                                                                                                  58
6.      URBAN AESTHETICS .............................................................................................................................. 59
6.1     APPEARANCE OF BUILDINGS                                                                                                                    59
6.1.1   Interrelationship Between Individual Buildings                                                                                               59
6.1.2   Elements Of Buildings                                                                                                                        59
6.1.3   Certification Of Visible Elements Of A Building                                                                                              59
6.1.4   Application For Certification                                                                                                                59
6.1.5   Aesthetics Committee                                                                                                                         59
6.1.6   Consideration Of A Submission                                                                                                                59
6.1.7   Appeal                                                                                                                                       59
6.1.8   Particulars Of A Submission                                                                                                                  60
6.1.9   Matters Included In Elevation                                                                                                                60
6.1.10 Other Laws                                                                                                                                    60
6.2     POWERS OF THE COUNCIL                                                                                                                      60
6.2.1   Require Drawings To Be Prepared By An Architect                                                                                              60
6.2.2   Determine Minimum Value Of Buildings                                                                                                         60
6.2.3   Require Alterations                                                                                                                          61
6.2.4   Require Continuous Elevation                                                                                                                 61
6.2.5   Restrict Display Of Certain Objects                                                                                                          61
6.2.6   Restrict Cutting And Destruction Of Vegetation                                                                                               61
6.3     DEVELOPMENT AND USE OF LAND                                                                                                                61
7.      ANNEXURES TO THE SCHEME ............................................................................................................. 62
7.1     ANNEXURES TO THE SCHEME                                                                                                                    62
7.2     FORCE AND EFFECT OF AN ANNEXURE TO THE SCHEME                                                                                              62
7.3     RELEVANCY OF AN ANNEXURE TO THE SCHEME                                                                                                     62
7.4     INDICATION OF AN ANNEXURE TO THE SCHEME ON THE MAP AND IN THE CLAUSES                                                                      62
7.4.1   62
7.4.2   62
8.      DETAILS OF RIGHTS PERMITTED TO BE EXERCISED AND CONDITIONS APPLICABLE TO ALL
        “PROFESSIONAL” ZONED ERFS. .......................................................................................................... 63
8.1     USE                                                                                                                                        63
8.1.1   Purposes for which buildings may be erected and used.                                                                                        63
8.1.2   Purposes for which buildings may be erected and used only with the approval of Council                                                       63
8.1.3   Purposes for which buildings may be erected and used only with the consent of the council                                                    63
        RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                                                           vi

8.2     CONDITIONS AND RESTRICTIONS                                                                                                       64
8.2.1   Purposes For Which Buildings Shall Not Be Erected And Used                                                                          64
8.2.2   Height                                                                                                                              64
8.2.3   Floor Area Ratio                                                                                                                    64
8.2.4   Coverage                                                                                                                            64
8.2.5   Building Lines                                                                                                                      64
8.2.6   Parking                                                                                                                             64
8.3     OTHER CONDITIONS AND RESTRICTIONS                                                                                                 64
9.      PERMITTED DETAILS OF RIGHTS PERMITTED TO BE EXERCISED AND CONDITIONS AND
        RESTRICTIONS APPLICABLE TO “HARBOUR” AND “HARBOUR RESORT” ZONE ........................... 65
9.1     USE ZONES:                                                                                                                        65
9.1.1   “Harbour” and “Harbour Resort”                                                                                                      65
9.1.2   Use                                                                                                                                 65
9.1.3   Conditions and Restrictions                                                                                                         65
10.     DETAILS OF RIGHTS PERMITTED TO BE EXERCISED AND CONDITIONS AND RESTRICTIONS
        APPLICABLE TO THE IDENTIFIED PORTIONS OF LAND WHICH WILL TOGETHER BE USED FOR
        THE PURPOSES OF A MARINA ............................................................................................................. 66
10.1    USE ZONE: XXXIII “Borough Marina”                                                                                                 66
10.2    USE:                                                                                                                              66
10.2.1 PURPOSES FOR WHICH BUILDINGS MAY BE ERECTED AND USED AND FOR WHICH LAND MAY
       BE USED                                                                   66
10.2.2 PURPOSES FOR WHICH BUILDINGS MAY BE ERECTED AND USED AND FOR WHICH LAND MAY
       BE USED ONLY WITH THE APPROVAL OF COUNCIL                                 66
10.2.3 PURPOSES FOR WHICH BUILDINGS MAY BE ERECTED AND USED AND FOR WHICH LAND MAY
       BE USED ONLY WITH THE CONSENT OF COUNCIL                                  66
10.2.4 PURPOSES FOR WHICH LAND MAY BE RESERVED IN TERMS OF THE SCHEME                                                                       66
10.3    CONDITIONS AND RESTRICTIONS                                                                                                       67
10.3.1 USE: PURPOSES FOR WHICH BUILDINGS SHALL NOT BE ERECTED AND USED AND FOR
       WHICH LAND SHALL NOT BE USED:                                                                                                        67
10.3.2 HEIGHT                                                                                                                               67
10.3.3 FLOOR AREA RATIO                                                                                                                     67
10.3.4 COVERAGE                                                                                                                             67
10.3.5 BUILDING LINES AND SIDE AND REAR SPACES                                                                                              67
10.3.6 PARKING AND LOADING ACCOMMODATION                                                                                                    67
10.3.7 OTHER CONDITIONS AND RESTRICTIONS                                                                                                    67
11.     DETAILS OF RIGHTS PERMITTED TO BE EXERCISED AND CONDITIONS AND RESTRICTIONS
        APPLICABLE TO FOUR DEVELOPMENT NODES ADJOINING (OR CLOSE TO) LAKE MZINGAZI ... 68
11.1    USE ZONES AND DESCRIPTION OF AREAS                                                                                                68
11.1.1 Node A, zoned Use Zone XXXIV: “Golf Course Node”, within the existing golf course;                                                   68
11.1.2 Node B, zoned Use Zone XXXV: “Nursery Node”, surrounding the old water pump station in Meerensee;
                                                                                                      68
11.1.3 Node C, zoned Use Zone XXXVI: “Greenhill”, within the Greenhill area;                                                                68
11.1.4 Node D, zoned Use Zone XXXVII: “Waterworks Node”, east of the existing water works.                                                  68
11.2    USE:                                                                                                                              68
11.3    CONDITIONS AND RESTRICTIONS                                                                                                       68
       RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                                                                    vii

11.3.1 ENVIRONMENTAL IMPACT ASSESSMENT                                                                                                                68
11.4    DEVELOPMENT/SITE DEVELOPMENT PLANS                                                                                                          69
11.4.1 The owner shall not develop any area, whether in part or in whole, without prior approval by the local
       authority of a Development Plan/Site Development Plan, as set out in Clauses 1.6 and 1.12 respectively,
       of this Scheme.                                                                                        69
11.4.2 Such Plan shall set out the details of the proposed development in accordance with Clauses 3.2.3, 3.2.4,
       3.2.5, 3.2.6, 3.2.8, 6.1.8 and 6.1.9 in particular. It shall, furthermore, include relevant environmental and
       landscape details arising from the environmental assessment.                                                69
11.4.3 The development nodes A, B, C and D shall be in accordance with the principles contained in the MOSS
       Plan, and be in keeping with and forming an integral part of the Conservation-Amenity reservation which
       surrounds the nodes.                                                                                 69
11.4.4 The Development and/or Site Development Plan shall detail all relevant bulk factors, viz., relevant
       height, floor areas, coverage and other related requirements, in respect of development of the areas,
       denoted Nodes A, B, C and D along the shores of Lake Mzingazi, shall be determined to the satisfaction
       of the Council.                                                                                       69
12.     DETAILS OF RIGHTS PERMITTED TO BE EXERCISED AND CONDITIONS AND RESTRICTIONS
        APPLICABLE TO A CASINO RESORT DEVELOPMENT ON A PORTION OF REMAINDER OF ERF
        5333 RICHARDS BAY .............................................................................................................................. 70
12.1    USE ZONE: XXXVIII: “Casino Resort”                                                                                                          70
12.2    USE:                                                                                                                                        70
12.2.1 PURPOSE FOR WHICH BUILDINGS MAY BE ERECTED AND USED AND FOR WHICH LAND MAY
       BE USED (FREE ENTRY USES)                                                 70
12.2.2 PURPOSE FOR WHICH BUILDINGS MAY BE ERECTED AND USED AND FOR WHICH LAND MAY
       BE USED ONLY WITH THE CONSENT OF COUNCIL (CONSENT USES)                   70
12.3    CONDITION AND RESTRICTIONS                                                                                                                  70
12.4    ENVIRONMENTAL IMPACT ASSESSMENT                                                                                                             71
12.5    GRANTING OF A CASINO LICENCE                                                                                                                71
12.6    GARDEN RESERVE                                                                                                                              71
12.7    DEFINITION OF “CASINO”                                                                                                                      71
12.8    PARKING                                                                                                                                     72
12.9    OTHER CONDITIONS AND RESTRICTIONS                                                                                                           72
13.     DETAILS OF RIGHTS PERMITTED TO BE EXERCISED AND CONDITIONS AND RESTRICTIONS
        APPLICABLE TO THE BAYSHORE-ALKANTSTRAND NODE ............................................................... 73
13.1    USE ZONE: XXXIX: “Bayshore-Alkantstrand Node”                                                                                               73
13.2    USE:                                                                                                                                        73
13.2.1 PURPOSES FOR WHICH BUILDINGS MAY BE ERECTED AND USED AND FOR WHICH LAND MAY
       BE USED (FREE ENTRY USES)                                                 73
13.2.2 PURPOSES FOR WHICH BUILDINGS MAY BE ERECTED AND USED AND FOR WHICH LAND MAY
       BE USED ONLY WITH THE CONSENT OF COUNCIL (CONSENT USES)                   73
13.2.3 PURPOSES FOR WHICH LAND MAY BE RESERVED IN TERMS OF THE SCHEME                                                                                 73
13.3    CONDITIONS AND RESTRICTIONS                                                                                                                 73
13.3.1 USE: PURPOSES FOR WHICH BUILDINGS SHALL NOT BE ERECTED AND USED AND FOR
       WHICH LAND SHALL NOT BE USED:                                                                                                                  73
13.3.2 FLOOR AREA RATIO, HEIGHT AND COVERAGE                                                                                                          73
13.3.3 OTHER CONDITIONS AND RESTRICTIONS                                                                                                              74
13.3.4 UPPER PERCENTAGE LIMITS ON LAND USE CATEGORIES                                                                                                 74
13.3.5 KEY TO LAND USE CATEGORY                                                                                                                       74
        RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                                                       viii


                                                         SCHEDULES
SCHEDULE 1: .......................................................................................................................... DEFINITIONS 75
DEFINITIONS IN TERMS OF PARLIAMENTARY OR PROVINCIAL LEGISLATION                                                                          75
OTHER DEFINITIONS                                                                                                                        75
SCHEDULE 2: ....................................................................................CONTRAVENTIONS OF THE SCHEME 81
SCHEDULE 3: .......................................................... BUILDING AND LAND USE TYPES : INTERPRETATION 82
SCHEDULE 4: USE ZONES AND MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT 89
USE ZONE I: SPECIAL RESIDENTIAL 1                                                                                                        89
USE ZONE II: SPECIAL RESIDENTIAL 2                                                                                                       89
USE ZONE III: SPECIAL RESIDENTIAL 3                                                                                                      89
USE ZONE IV: GENERAL RESIDENTIAL 1                                                                                                       90
USE ZONE V: GENERAL RESIDENTIAL 2                                                                                                        90
USE ZONE VI: HOTEL                                                                                                                       91
USE ZONE VII: LIMITED COMMERCIAL 1                                                                                                       91
USE ZONE VIII: LIMITED COMMERCIAL 2                                                                                                      92
USE ZONE IX: SPECIAL COMMERCIAL 1                                                                                                        92
USE ZONE X: SPECIAL COMMERCIAL 2                                                                                                         93
USE ZONE XXXI: SPECIAL COMMERCIAL 3*                                                                                                     93
USE ZONE XI: GENERAL COMMERCIAL                                                                                                          93
USE ZONE XII: GARAGE                                                                                                                     94
USE ZONE XIII: SERVICE INDUSTRIAL                                                                                                        94
USE ZONE XV: GENERAL INDUSTRIAL                                                                                                          95
USE ZONE XVI: EDUCATIONAL                                                                                                                95
USE ZONE XVII: INSTITUTIONAL                                                                                                             95
USE ZONE XVIII: DEVOTIONAL                                                                                                               95
USE ZONE XIX: AGRICULTURAL                                                                                                               96
USE ZONE XX: PRIVATE OPEN SPACE                                                                                                          96
USE ZONE XXI: CIVIC 1                                                                                                                    96
USE ZONE XXII: CIVIC 2                                                                                                                   97
USE ZONE XXIII: LOCAL AUTHORITY PURPOSES                                                                                                 97
USE ZONE XXIV: SPECIAL                                                                                                                   97
ANY PURPOSES AS SET OUT IN AN ANNEXURE TO THE SCHEME                                                                                     97
USE ZONE XXV: UNDETERMINED                                                                                                               97
USE ZONE XXVI: PROFESSIONAL                                                                                                              97
USE ZONE XXVII: OFFICE                                                                                                                   97
                                   A57
USE ZONE XXVIII: PLAZA                                                                                                                   97
USE ZONE XXIX: HARBOUR                                                                                                                   98
                                                  A83
USE ZONE XXX: HARBOUR RESORT                                                                                                             98
USE ZONE XXXI: SPECIAL COMMERCIAL 3                                                                                                      99
USE ZONE XXXII: RESORT 1                                                                                                                 99
USE ZONE XXXIII BOROUGH MARINA                                                                                                           99
                                                        A174
USE ZONE XXXIV GOLF COURSE NODE                                                                                                          99
          RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                                                                            ix

USE ZONE XXXV NURSERY NODE                                                                                                                                   100
                                                A174
USE ZONE XXXVI GREENHILL                                                                                                                                     100
                                                       A174
USE ZONE XXXVII WATERWORKS                                                                                                                                   100
                                                          A174
USE ZONE XXXVIII CASINO RESORT                                                                                                                               100
                                                                                     A174
USE ZONE XXXIX BAYSHOR / ALKANTSTRAND NODE                                                                                                                   100
USE ZONE XL WATERFRONT RESIDENTIAL                                                                                                                           100
USE ZONE XLI DIRECT ACCESS SERVICE STATION                                                                                                                   101
SCHEDULE 5:                 RESERVATION OF LAND .................................................................................................... 102
SCHEDULE 6: ..................................................................................................................................................... 104
PART I – BUILDING LINES AND SIDE AND REAR SPACES (IN TERMS OF CLAUSE 5.1)                                                                                    104
PART II - PARKING REQUIREMENTS (IN TERMS OF CLAUSE 5.2.1 AND 5.2.12)                                                                                         106
PART III - MINIMUM DIMENSIONS FOR PARKING                                                                                                                    109
PART IV - LOADING ZONE REQUIREMENTS (IN TERMS OF CLAUSE 5.4)                                                                                                 111
SCHEDULE 7: ..................................................................................................................................................... 112
       RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                                                                                    x


                                                               DEFINITIONS
1. DEFINITIONS IN TERMS OF PARLIAMENTARY OR PROVINCIAL LEGISLATION
1.1    Administrator ............................................................................................................................................. 75
1.2    Appeals Board........................................................................................................................................... 75
1.3    Architect .................................................................................................................................................... 75
1.4    Commission .............................................................................................................................................. 75
1.5    Erf      75
1.6    Nuisance ................................................................................................................................................... 75
1.7    Premises ................................................................................................................................................... 75
1.8    Street 75
1.9    Town Clerk ................................................................................................................................................ 75
1.10   Port Authority (or Portnet” a division of Transport Service Act, No. 9 of 1989 Transnet Ltd
       (Reg.No90/0900/06) ................................................................................................................................. 75


2. OTHER DEFINITIONS
1.     Arcade ....................................................................................................................................................... 75
2.     Approval .................................................................................................................................................... 75
3.     Basement .................................................................................................................................................. 75
4.     Building ..................................................................................................................................................... 75
5.     Building used for a purpose ...................................................................................................................... 75
6.     Building Line.............................................................................................................................................. 75
7.     Building Use .............................................................................................................................................. 76
8.     Boarding House A158................................................................................................................................ 76
9.     By-laws ...................................................................................................................................................... 76
10.    Cluster Housing Site ................................................................................................................................. 76
11.    Consent ..................................................................................................................................................... 76
12.    Coverage................................................................................................................................................... 76
13.    Common Land .......................................................................................................................................... 76
14.    Common Open Space .............................................................................................................................. 76
15.    Development ............................................................................................................................................. 76
16.    Dwelling Unit ............................................................................................................................................. 76
17.    Dwelling Unit Curtilage .............................................................................................................................. 77
18.    Dwelling unit Erf ........................................................................................................................................ 77
19.    Effective date ............................................................................................................................................ 77
20.    Existing building ........................................................................................................................................ 77
21.    Erection of a building................................................................................................................................. 77
22.    Existing Use .............................................................................................................................................. 77
23.    Family........................................................................................................................................................ 77
24.    Floor area and floor area ratio .................................................................................................................. 77
25.    Grouped Housing Site ............................................................................................................................... 78
26.    Height ........................................................................................................................................................ 78
27.    Home Owners Association........................................................................................................................ 78
      RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                                                                                   xi

28.   Habitable Room ........................................................................................................................................ 78
29.   Land 78
30.   Land Use ................................................................................................................................................... 78
31.   Map 78
32.   Mall     78
33.   Medical Officer of Health........................................................................................................................... 78
34.   Non-conforming Use ................................................................................................................................. 78
35.   Occupier .................................................................................................................................................... 78
36.   Ordinance ................................................................................................................................................. 79
37.   Outbuilding ................................................................................................................................................ 79
38.   Owner........................................................................................................................................................ 79
39.   Permission ................................................................................................................................................ 79
40.   Private Open Area..................................................................................................................................... 79
41.   Resident .................................................................................................................................................... 79
42.   Rear Boundary .......................................................................................................................................... 79
43.   Scheme ..................................................................................................................................................... 79
44.   Side Boundary........................................................................................................................................... 79
45.   Site     79
46.   Storey ........................................................................................................................................................ 80
47.   Street 80
48.   Street Boundary ........................................................................................................................................ 80
49.   Usable Common Open Space .................................................................................................................. 80
50.   Used 80
51.   Zone 80


3. BUILDING AND LAND USE TYPES: INTERPRETATION
1.    Agricultural Building .................................................................................................................................. 82
2.    Agricultural Industry .................................................................................................................................. 82
3.    Agricultural Land ...................................................................................................................................... 82
4.    Automotive Showroom .............................................................................................................................. 82
5.    Automotive Workshop............................................................................................................................... 82
6.    Caravan Park ............................................................................................................................................ 82
7.    Chalet Development ................................................................................................................................. 82
8.    Cluster Housing ........................................................................................................................................ 82
9.    Commercial Workshop ............................................................................................................................. 82
10.   Drive-in Theatre ........................................................................................................................................ 82
11.   Dwelling House ......................................................................................................................................... 82
12.   Educational Building.................................................................................................................................. 83
13.   Extractive Industry..................................................................................................................................... 83
14.   Funeral Parlour ......................................................................................................................................... 83
15.   Grouped Housing ...................................................................................................................................... 83
16.   Hotel 83
      RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                                                                                    xii

17.   Industry ..................................................................................................................................................... 83
18.   Institution ................................................................................................................................................... 83
19.   Laundrette ................................................................................................................................................. 83
20.   Light Industry............................................................................................................................................. 84
21.   Medium Density Housing .......................................................................................................................... 84
22.   Municipal Purposes ................................................................................................................................... 84
23.   Office Building ........................................................................................................................................... 84
24.   Parks for Mobile Homes ........................................................................................................................... 84
25.   Parking Garage and Parking Erf ............................................................................................................... 84
26.   Place of Public Amusement ...................................................................................................................... 84
27.   Place of Public Assembly.......................................................................................................................... 85
28.   Place of Public Worship ............................................................................................................................ 85
29.   Private Recreational Use .......................................................................................................................... 85
30.   Public Garage ........................................................................................................................................... 85
31.   Public Office .............................................................................................................................................. 85
32.   Recreational Building ................................................................................................................................ 85
33.   Residential Building................................................................................................................................... 85
34.   Restricted Building .................................................................................................................................... 85
35.   Restricted Commercial Building ................................................................................................................ 85
36.   Restricted Industry .................................................................................................................................... 86
37.   Salvage Industry ....................................................................................................................................... 86
38.   Service Industry ........................................................................................................................................ 86
39.   Service Workshop..................................................................................................................................... 86
40.   Shop 86
41.   Special Building......................................................................................................................................... 87
42.   Totalisator Agency .................................................................................................................................... 87
43.   Veterinary Purposes.................................................................................................................................. 87
44.   Bookmaker ............................................................................................................................................... 87
                              A83
45.   Bulk Storage A73               .................................................................................................................................. 87
46.   Additional Dwelling Unit ............................................................................................................................ 87
47.   Informal Trade Area ................................................................................................................................. 87
48.   Marina Infrastructure ................................................................................................................................. 87
49.   Home Industry........................................................................................................................................... 88
50.   Lodge 88
       RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004               xiii


                                            ANNEXURES
ANNEXURE 1 : DETAILS OF RIGHTS PERMITTED TO BE EXERCISED AND CONDITIONS AND
             RESTRICTIONS APPLICABLE TO ERF 4217 RICHARDS BAY EXTENSION NO. 14
             TOWNSHIP (VELDENVLEI)                                        113
ANNEXURE 2 : DETAILS OF RIGHTS PERMITTED TO BE EXERCISED AND CONDITIONS AND
             RESTRICTIONS APPLICABLE TO ERF NO. 1680 RICHARDS BAY EXTENSION NO. 7
             TOWNSHIP (ARBORETUM)                                            114
ANNEXURE 3 : DETAILS OF RIGHTS PERMITTED TO BE EXERCISED AND CONDITIONS AND
             RESTRICTIONS APPLICABLE TO THE REMAINDER OF ERF NO. 2297, RICHARDS BAY
             EXTENSION NO. 5                                                    115
ANNEXURE 4 : DETAILS OF RIGHTS PERMITTED TO BE EXERCISED AND CONDITIONS AND
             RESTRICTIONS APPLICABLE TO ERF 7735 AS INDICATED ON THE ATTACHED
             DRAWING                                                      116
ANNEXURE 5 : DETAILS OF RIGHTS PERMITTED TO BE EXERCISED AND CONDITIONS AND
             RESTRICTIONS APPLICABLE TO ERF 1681, RICHARDS BAY EXTENSION NO. 7 118
ANNEXURE 6 : DETAILS OF RIGHTS PERMITTED TO BE EXERCISED AND CONDITIONS AND
             RESTRICTIONS APPLICABLE TO THE IDENTIFIED PORTIONS OF LAND WHICH WILL
             TOGETHER BE USED FOR THE PURPOSES OF A MARINA/SMALL CRAFT HARBOUR 120
ANNEXURE 7 : DETAILS OF THE PROPOSED NEW USE ZONE TO BE INTRODUCED TO THE RICHARDS
             BAY TOWN PLANNING SCHEME IN THE COURSE OF PREPARATION ARE AS FOLLOW:
             INTRODUCTION OF A NEW USE ZONE TO THE RICHARDS BAY TOWN PLANNING
             SCHEME IN THE COURSE OF PREPARATION TO ALLOW FOR A CASINO RESORT
             DEVELOPMENT ON A PORTION OF REMAINDER OF ERF 5333 RICHARDS BAY    123
ANNEXURE 8 : DETAILS OF RIGHTS PERMITTED TO BE EXERCISED AND CONDITIONS AND
             RESTRICTIONS APPLICABLE TO AREAS ADJOINING (OR CLOSE TO) LAKE MZINGAZI
             IDENTIFIED AS FOLLOWS AND INDICATED ON THE ATTACHED PLANS         126
ANNEXURE 9 : DETAILS OF RIGHTS PERMITTED TO BE EXERCISED AND CONDITIONS AND
             RESTRICTIONS APPLICABLE TO ERFS 1762 AND 1763, RICHARDS BAY AS INDICATED
             ON THE ATTACHED DRAWING.                                             128
ANNEXURE 10 : DETAILS OF RIGHTS PERMITTED TO BE EXERCISED AND CONDITIONS AND
              RESTRICTIONS APPLICABLE TO ERF NO 613 RICHARDS BAY.        129




A83   AMENDMENT 83, HARBOUR AREA, COUNCIL RESOLUTION 2595, 26-1-93
A65   AMENDMENT 65 ON SECOND DWELLING UNITS, COUNCIL RESOLUTION 1584, 29-01-91
A27   AMENDMENT 27 ON CRÈCHE COUNCIL RESOLUTION 2010, 24-9-85
A33 AMENDMENT 33 ON COVERAGE, COUNCIL RESOLUTION 2548, 30-9
A39 AMENDMENT 39 ON LAUNDRETTE, COUNCIL RESOLUTION 2864, 30-06-87
A40   AMENDMENT 40 ON HIRING SERVICE, COUNCIL RESOLUTION 2882, 30-6-87
A20   AMENDMENT 20 ON PARKING, COUNCIL RESOLUTION 1567, 14-11-84
A19   AMENDMENT 19 ON LOADING ZONES, COUNCIL RESOLUTION 1252,14-03-84

A20   AMENDMENT 20 ON PARKING ARRANGEMENT, COUNCIL RESOLUTION 1567, 14-11-84

A50 AMENDMENT 50 ON “SPECIAL” ZONED ERVEN, COUNCIL RESOLUTION 977, 31-10-89

A83 AMENDMENT 83 ON HARBOUR AREA, COUNCIL RESOLUTION 2595, 26-1-93
     RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                            1


CLAUSE ONE

1.                      THE SCHEME

1.1                     TITLE
                        This Scheme shall be known as the Richards Bay Town Planning Scheme, herein
                        referred to as the Scheme.

1.2                     CONSTITUTION OF THE SCHEME
                        This Scheme is framed in terms of the Town Planning Ordinance, 1949, Ordinance
                        No. 27 of 1949, as amended.

1.3                     DATES OF COMING INTO OPERATION

1.3.1                   Effective Date

                        The effective date, being the date of the Administrator's approval of the resolution
                        of the Town Council to prepare this Scheme is indicated in the following table for
                        the respective portions of the area of jurisdiction of the Council.

                                                                    Proclamation defining part of Town
     Effective Date   Reference to part of Town Council area
                                                                    Council area
                      Area under jurisdiction of Health
     7.2.1962                                                       No. 27 of 1954
                      Committee as at that date
                      Area under jurisdiction of the
                      Town Council as at that date, excluding the
     6.10.1970                                                      No. 41 of 199
                      area covered by
                      the effective date of 7.2.1962

1.3.2                   Date of Adoption

                        The date of adoption of this Scheme is 10 March 1982.

1.4                     AREA OF THE SCHEME
                        This Scheme shall apply to all land which falls within the area of jurisdiction of the
                        Richards Bay Council, herein referred to as "Council's area of jurisdiction".

1.5                     TOWN PLANNING SCHEME MAP
                        The Town Planning Scheme Map shall consist of:
                        1. Twenty three maps i.e.
                              (i)     The Index Map
                              (ii)    Zoning Notation Map
                              (iii)   Reservation Notation Map
                              (iv)    Twenty Detailed Maps

                        2. Annexure diagrams and/or drawings.
  RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                         2


1.6            DEVELOPMENT PLANS
               The Council may from time to time, for the purpose of the co-ordinated allocation
               of land, use rights and restrictions as contemplated in this Scheme and as a
               requisite for development:

               1.     compile development plans in respect of specific areas; and
               2.     instruct prospective developers to submit, within a specified period of time to
                      the Council, development plans in respect of a specific area.
               Any detail Development Plan Proposal, as may be requested by the Council shall,
               to the satisfaction of the Council, acknowledge recommendations stemming from
               previous environmental research conducted at Richards Bay. Special attention
               shall be paid to the following areas:

               (a) The Coastal Dune area
               (b) The Sanctuary area
               (c) The Mzingazi Lake area
               (d) The Insese Lake area
               The Council may require that development plans provide for design and layout
               proposals and a program of development. Such development plans may serve as
               an annexure to the Scheme but except where the Council has formally resolved
               thereupon and after approval by the Administrator, shall not in any manner
               whatsoever be deemed to be a part of the Scheme.

1.7            DEFINITIONS
               In this Scheme, unless the context otherwise indicates, the terms and expressions
               set out in Schedule 1 shall have the meaning and interpretation assigned thereto in
               the said Schedule 1.

1.8            CONTRAVENTION OF THE SCHEME
               A contravention of this Scheme shall be any act, matter or thing as contemplated in
               Schedule 2.

1.9            INSPECTION OF SCHEME
               The Council shall allow any person to inspect the Scheme at any reasonable time.
               A register of all applications and decisions on the Scheme shall be kept in
               accordance with the requirements of Section 67 quin of the Ordinance and shall be
               available for inspection by any person at any reasonable time.

1.10           AMENDMENT TO THE SCHEME
               If the Council desires to rescind, alter or amend any of the provisions of the
               Scheme in course of preparation, it shall follow the procedure as set out in Section
               47 bis of the Ordinance.

1.11           CONFLICT OF LAWS

1.11.1

               (i)    nothing in this Scheme shall be construed as enabling any person to erect or
                      use any building or to develop or use any land which is in conflict with any
                      condition of title imposed by the Administrator in terms of the Ordinance or by
                      the State under any other law;
               (ii)   the owner of any Erf which is subject to a condition of title, referred to in sub-
                      clause (i) above which is in conflict with any provision of this Scheme, may
                      make application to the Administrator for the alteration, suspension or removal
                      of such condition in terms of Section 31 (1) of the Ordinance;
               (iii) Saving the provisions of sub-clauses 3.2.3 and 4.8, the provisions of this
                     Scheme shall prevail over and above the bylaws where such Scheme
      RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                              3


                                 provisions are more restrictive than the bylaws. Where the bylaws are more
                                 restrictive or where no appropriate provisions are contained in the Scheme,
                                 the bylaws shall prevail;
                           (iv) In the case of any conflict between the English and Afrikaans versions of the
                                Scheme clauses, the English version shall prevail.

1.11.2

                           Any decision, order or authorisation given by the Appeals Board in terms of Section
                           73 quat (5)(d) of the Ordinance, and as confirmed or altered on review by the
                           Administrator in terms of Section 73 sex of the Ordinance, shall be deemed to be a
                           valid authority granted by the Council, in terms of Clause 4 and, as such, shall be
                           construed as being in accordance with the duly adopted provisions of the Scheme.
                                                          A83
1.12                       SITE DEVELOPMENT PLANS
                           The Council may from time-to-time for the purpose of the co-ordinated allocation of
                           land use rights and restrictions as contemplated in this Scheme and as a requisite
                           for development:

                           Instruct prospective owners/developers or the Port Authority to submit within a
                           specified period of time to Council site development plans in respect of a specific
                           area or the total area of the Richards Bay Harbour.

                           Any site development plan shall as may be requested by Council and to its
                           satisfaction, acknowledge recommendations stemming from previous or current
                           environmental research conducted at Richards Bay.

                           The Site Development plans shall amongst others provide for but not be limited to:

                           (a)    the design and layout of proposals including details as to the functioning
                                  thereof;
                           (b)    a programme of development;
                           (c)    an appropriate statement of integrated Environmental Management and/or
                                  landscaping proposals;
                           (d)    details of and programme for the provision of essential services including
                                  storm water, sewerage/waste disposal, electricity and solid waste disposal;
                           (e)    traffic engineering details on the vehicular and pedestrian elements thereof,
                                  their implementation and management; and
                           (f)    details as to the project management ownership, mechanisms, control and
                                  monitoring through construction phases till project completion.
                           Notwithstanding the aforementioned, and where in the opinion of Council it will be
                           in the interest of the General Public to do so, it may require that any site
                           development plan be submitted to it, and follow the requirements of Section 67 bis
                           of the Ordinance.




A83
      AMENDMENT 83 ON HARBOUR AREA, COUNCIL RESOLUTION 2595, 26-1-93
     RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                      4


CLAUSE TWO

2.                RESPONSIBLE AUTHORITY AND GENERAL POWERS OF THE COUNCIL

2.1               RESPONSIBLE AUTHORITY
                  The Richards Bay Council, or its successor in office, hereinafter referred to as the
                  Council, shall be the authority responsible for the administration, enforcement, and
                  carrying into effect of the provisions of this Scheme.

2.2               GENERAL POWERS OF THE COUNCIL
                  In addition to any power or authority vested in the Council by virtue of any other
                  provision of this Scheme or by virtue of any other law, bylaw or regulation, the
                  Council is, in its capacity as responsible authority in terms of this Scheme, vested
                  with the following general powers and authority.

2.2.1             POWER OF THE COUNCIL TO ERECT AND USE BUILDINGS AND TO USE
                  LAND

                  Land owned or acquired by the Council (together with any building or erection
                  thereon) may be used by the Council for the purpose for which such land is zoned
                  or reserved, for the purpose of the provision of essential services or for any other
                  purpose which may be approved by the Administrator.

2.2.2             PROHIBITIVE AND SUSPENSIVE POWERS OF THE COUNCIL

2.2.2.1           Restriction on areas likely subject to flooding

                  The Council may, wholly or partially and either indefinitely or for a period to be
                  determined by the Council, prohibit or restrict the erection or use of any building or
                  the development or use of any land, where the site of such erection, development
                  or use is below the upper level which is, in the opinion of the Council, likely to be
                  reached on an average fifty years, by flood waters from any stream, river or other
                  source.

2.2.2.2           Restriction on unserviced areas

                  The Council may prohibit or restrict, whether wholly or partially and either
                  indefinitely or for a period to be determined by the Council, the erection of any
                  building or the development or use of any land in any undeveloped part or parts of
                  the area of the Scheme pending the extension thereto of street sewer, water,
                  electricity or other essential public services. Provided that the owner of such land
                  who desires to commence thereon any building operations which would contravene
                  any such prohibition or restriction may, in accordance with Clause 4 of this
                  Scheme, apply to the Council for its approval of the carrying out of the operations
                  specified in the application.

2.2.2.3           General Prohibitive Power

                  The Council may, in case of urgency, prohibit for a period of not greater than forty
                  eight hours by way of a written instruction of an authorised officer or servant of the
                  Council, any condition, thing, act or emission which in the opinion of the Council
                  constitutes a contravention of the Scheme.

                  Any person who fails to comply with the requirements of such notice and/or
                  instruction shall be deemed to have contravened the Scheme, provided that any
                  person aggrieved by such prohibition may appeal, subject mutatis mutandis to the
                  provisions of Section 67 ter of the Ordinance.

2.2.3             SUSPENSION OF BYLAWS

                  The Council may, where it is expedient to promote proper planning or development
                  or to implement any provision of the Scheme, suspend any provision of any bylaw
   RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                     5


                insofar such provision is similar to or inconsistent with any provision of this
                Scheme. Provided that any person aggrieved by such suspension may appeal.

2.2.4           CORRECTIVE POWER OF THE COUNCIL

                Whenever any person fails or neglects to do any work or thing on or in connection
                with any premises as is required in terms of this Scheme, the Council may, in
                addition to any other remedial measure at the disposal of the Council, order such
                person to do such work or thing and upon failure of such person to comply with
                such order and except where the contrary is provided for, the Council may itself
                cause such work or thing to be done and recover the costs thereof from such
                person. Provided that, where in the Scheme provision is made for a right of
                appeal, the Council shall not cause such work or thing to be done until such time
                as any appeal may have been finalised, or the period of submission of an appeal
                has lapsed.

2.2.5           LEGAL PROCEEDINGS

2.2.5.1         Institution of Proceedings

                The Council may, in its name, institute legal proceedings for the recovery of any
                cost, payment or charge or for the enforcement of any legal claim, right, authority
                or provision in terms of the Scheme.

2.2.5.2         Prosecution not to invalidate other proceedings

                The institution of a prosecution as contemplated in Section 197 of the Local
                Authorities Ordinance, 1974, Ordinance No. 25 of 1974, in respect of a
                contravention of the Scheme shall not be construed as preventing the Council from
                instituting such civil or other proceedings as the Council may otherwise be entitled
                to institute.

2.2.6           POWERS IN RESPECT OF CONTRAVENTIONS                            AND     SUSPECTED
                CONTRAVENTIONS OF THE SCHEME

2.2.6.1         Entry of premises

2.2.6.1.1       The Council shall have the power, in the person of any authorised officers or
                servants, to enter into and upon any premises, for the purpose of any inspection,
                enquiry, work or other reason which the Council may deem necessary or desirable
                for the purpose of this Scheme.

2.2.6.1.2       Provided that such powers of entry shall not be exercised save between the hours
                of 07:00 and 19:00 unless there are reasonable grounds for suspecting that any act
                causing a nuisance or constituting a contravention of the Scheme is being
                committed on such premises at any other time.

2.2.6.2         Power to demand name and address

2.2.6.2.1       Any officer or servant of the Council charged with the administration or enforcement
                of the Scheme may call upon:
                i) any person reasonably suspected of having contravened the Scheme;
                ii) any person who may, in his opinion, be able to give evidence with regard to
                    contravention or suspected contravention of the Scheme;
                to furnish such officer or servant with the full name and address of such person.

2.2.6.2.2       Any person who, when called upon under sub-clause 1 above, to furnish his name
                and address, fails to do so or furnishes a false or incorrect name or address shall
                be deemed to have contravened the Scheme, and in addition shall, in terms of
                Section 193 of the Local Authorities Ordinance, 1974, Ordinance No. 25 of 1974,
                be guilty of an offence.
   RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                      6


2.2.6.3         Service of Notices

                Any order, notice or other document required or authorised to be served in terms of
                this Scheme, may be signed by the Town Clerk or other official duly authorised
                thereto and may be served by delivery of a copy thereof in one or other of the
                following ways:

                i)     to the person upon whom it is to be served personally, or to his duly
                       authorised agent; or
                ii)    if service of any order, notice or other document cannot be effected in terms
                       of the preceding sub-clause (i) at such person's residence or place of
                       business or employment, to some person apparently not less than sixteen
                       years of age and apparently residing or employed at such place; or
                iii)   by fixing any such order, notice or other document on some conspicuous part
                       of the premises to which it applies, and by dispatching such order, notice or
                       other document by prepaid registered post in an envelope on which is written
                       the last known address of such person, which may be his last known abode,
                       place of business or employment, or post office box number;
                iv)    if such person has chosen a domicilium citandi at the domicilium citandi et
                       executandi so chosen;
                v)     where any service of any order, notice or other document is effected in
                       accordance with the provisions of sub-clause (iii) above such service shall be
                       deemed to have been effected at the time when such order, notice or other
                       document would have been delivered in the ordinary course of post and in
                       proving such service, it shall be sufficient to prove that the order, notice or
                       other document was properly addressed and registered;
                vi)    any order, notice or other document required to be given to or served upon
                       the owner or occupier of any particular premises, may be addressed by the
                       description of "owner" or "occupier" of such premises, as the case may be, in
                       respect of which the order, notice or other document is given or served
                       without further name or description;
                vii) no defect in the form of any order, notice or other document given or served in
                     terms of this Scheme shall invalidate or render unlawful the administrative
                     action or be ground for exception to any legal or other proceedings which may
                     be taken in the matter to which such order, notice or other document relates,
                     provided that the requirements or provisions of such order, notice or other
                     document are substantially and intelligibly set forth.

2.3             APPEAL RIGHT
                Where in this Scheme and except where the context indicates to the contrary,
                provision is made for a right of appeal against any decision or other action of the
                Council, the provisions of Section 67 ter of the Town Planning Ordinance, as may
                be amended from time to time, shall apply mutatis mutandis to such right and the
                exercising thereof.
     RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                      7


CLAUSE THREE

3.                ERECTION AND USE OF BUILDINGS AND USE OF LAND

3.1               PURPOSE FOR WHICH BUILDINGS MAY BE USED AND FOR WHICH LAND
                  MAY BE USED

3.1.1             BUILDING AND LAND USE TYPES

                  The purposes for which buildings may be erected and/or used and for which land
                  may be used are defined in Schedule 3 as building and land use types.

                  No building shall be erected and/or used nor shall land be used for a purpose not
                  defined in Schedule 3.

3.1.2             RESERVATION OF LAND

                  The nature, extent and location of Reserved Land shall be as indicated on the
                  Town Planning Scheme Map and the purpose for which Reserved Land may be
                  used shall be as set out in Schedule 5. Reserved Land shall not be used for any
                  purpose which would conflict with the use for which the land has been reserved
                  provided that:

                  i)     Reserved Land may continue to be used for the purpose for which it was
                         being used immediately prior to such reservation, provided that such use shall
                         not be extended or rebuilt without the approval of the Council, which may, as a
                         condition of such approval, determine the date on which such approval shall
                         expire and that such extension or rebuilding shall be free of all claims for
                         increased compensation in respect thereof;

                  ii)    the Council may, at its sole discretion and subject to no increased claims for
                         compensation, approve of the temporary use of land so reserved, for a
                         purpose which shall, in the opinion of the Council, not spoil, waste or impair
                         the land or adjoining land for the purpose for which it is reserved or zoned;
                         and

                  iii)   where any of the Reserved Land is owned by the Council, the Council may
                         execute thereon any development necessary or incidental to the purpose for
                         which the land is reserved.

3.1.3             USE ZONES

                  The area of this Scheme shall be divided into Use Zones, the nature, extent and
                  location of which shall be as indicated on the Town Planning Scheme Maps. In the
                  case of no Use Zone or Land Reservations as provided for in sub-clause 3.1.2
                  being so indicated in respect of any land within the area of this Scheme, such land
                  shall be deemed to be included in Use Zone XIX Agricultural.

                  The Use Zones into which the area of the Scheme are divided are indicated in the
                  first column of Schedule 4, hereinafter referred to as "Column (1)".

                  The purposes for which, in each Use Zone:

                            buildings may be erected and/or used and land may be used;

                            buildings may be erected and/or used and land may be used only with the
                             consent of the Council; and

                            buildings shall not be erected and/or used and land shall not be used

                  are specified in the third, fourth and fifth columns, respectively, of Schedule 4,
                  hereinafter referred to as "Columns (3), (4) and (5)" respectively.

3.1.4             PRIMARY USES, CONSENT USES AND PROHIBITED USES
   RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                     8


3.1.4.1         Primary Uses

                After the effective date, any person intending to:

                (i)    erect a new building;
                (ii)   alter or add to an existing building;
                (iii) use any building for a purpose other than for which it was erected;
                (iv) develop or use any land, whether there is a building on such land or not;
                     and/or
                (v) carry out any other proposed work
                shall, in accordance with Column (3) of the Use Zone relevant to the particular
                building, land or other work, first obtain the permission of the Council thereto.

3.1.4.2         Consent Uses

                After the effective date, any person intending to:

                (i)    erect a new building;
                (ii)   alter or add to an existing building;
                (iii) use any building for a purpose other than for which it was erected;
                (iv) develop or use any land, whether there is a building on such land or not;
                     and/or
                (v) carry out any proposed work
                shall, in accordance with Column (4) of the Use Zone relevant to the particular
                building, land or other work, first obtain the consent of the Council thereto and
                thereafter obtain the permission of the Council as contemplated, in sub-clause (1)
                above.

3.1.4.3         Prohibited Uses

                Saving for a bona fide nonconforming use, no person shall, after the effective date,
                conduct or carry out or cause, permit or authorise to be conducted or carried out in
                any manner whatsoever, any activity, operation, work process or use upon any
                land within any Use Zone for any purpose included, by any means whatsoever,
                under Column (5) in respect of such Use Zone.

3.2             PROVISIONS QUALIFYING THE ERECTION AND USE OF BUILDINGS AND
                THE USE OF LAND

3.2.1           GENERAL PROVISIONS

                The following provisions, conditions and restrictions shall, in addition to any other
                relevant provision of the Scheme, be applicable to the whole of the area of the
                Scheme.

3.2.1.1         Use of a building for a purpose other than that for which it was erected

                No person shall use or cause, permit or authorise to be used, any building or part
                of a building for a use or a purpose other than that for which it has been lawfully
                erected unless such building or part of the building has been altered for the
                proposed new use and any necessary permission, approval, consent and other
                authority, as the case may be, of the Council has first been obtained.

3.2.1.2         Depositing of waste materials

                After the effective date, no person shall deposit or dispose of any thing, waste
                material, refuse or old or scrap vehicles, equipment or the like, on any land without
                the permission, approval or consent, as the case may be, of the Council.

3.2.1.3         Wells and boreholes
   RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                       9


                No wells or boreholes shall be sunk on any land within the area of the Scheme, nor
                any subterranean water extracted therefrom without the prior approval of the
                Council.

3.2.1.4         Vehicular access

                Vehicular ingress to and egress from any Erf or Site, from and to respectively, the
                Public Street System, shall be located, constructed and maintained to the
                satisfaction of the Council. Approval of the number of vehicular access points shall
                be at the sole discretion of the Council.

3.2.1.5         Direction of vehicular motion

                Provision shall be made to the satisfaction of the Council, for vehicles to enter and
                emerge from any site, except the site of a Dwelling House, or Cluster or Grouped
                Housing, in a forward direction. Provided that this condition may, at the discretion
                of the Council, be imposed on any specified site of a Dwelling House or Cluster or
                Grouped Housing.

3.2.1.6         Occasional use of buildings

                A building, other than Chalets, Medium Density Housing, Cluster Housing,
                Grouped Housing or a Residential Building, may, on occasion, be used as a Place
                of Public Assembly, or Place of Public Worship.

                Provided that:

                (i)    such use is restricted to not more than twenty calendar days in any calendar
                       year and to not more than two calendar days in any calendar month;

                (ii)   in the event of such use constituting a nuisance, it shall cease forthwith upon
                       service of a notice to that effect under the hand of the Town Clerk and in such
                       event shall not be resumed except with the permission of the Council; and

                (iii) this sub-clause (6) shall not in any manner be deemed to restrict the use of a
                      Hotel for such purposes.

3.2.1.7         Temporary use of land in any Use Zone

                Notwithstanding any other provision of the Scheme, where the Council is of the
                opinion that land within any Use Zone will not, within a reasonable period and
                pending the extension thereto of essential public services or for other reasonable
                cause, be fully utilised for the purpose for which it is zoned, the Council may, at its
                sole discretion and subject to no increased claims for compensation, grant its
                approval to the temporary use of such land for a purpose which shall not, in the
                opinion of the Council, spoil, waste or impair the land or adjoining land for the
                purpose for which it is zoned or reserved.

3.2.2           ADDITIONAL CONDITIONS AND PROVISIONS APPLICABLE TO ALL LAND
                WITHIN PRIVATE TOWNSHIPS

                The following provisions, conditions and restrictions shall, in addition to any other
                relevant provision of the Scheme, be applicable to all land within any private
                township, whether proclaimed as such or not, within the area of the Scheme.

3.2.2.1         Manufacture of certain earthenware articles prohibited

                No person shall make or permit to be made, upon any land within a private
                township other than land within an Industrial Use Zone, any bricks, tiles,
                earthenware pipes or other articles of a like nature for trade.

3.2.2.2         Excavations prohibited

                No person shall, except on a site in preparation for building, excavate any material
                from land within a private township without the permission of the Council.
       RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                             10


3.2.2.3                     Maintenance of premises

                            (i)     Owner's responsibility

                                    The owner and/or occupier, as the case may be, of any land within a private
                                    township shall be responsible for the maintenance of the whole development
                                    on and of such land and the keeping thereof in a state of good and
                                    serviceable repair.

                            (ii)    Failure to maintain premises and service of notice

                                    In the event of the Council being of the opinion that any premises or part
                                    thereof is not kept in a satisfactory state of maintenance, the Council may
                                    service notice on the owner and/or occupier thereof, requiring that, within
                                    such reasonable period as shall be specified therein, such action be taken
                                    as may be necessary or specified in order to bring or restore such premises
                                    to a satisfactory state of maintenance and/or repair.

                            (iii)   Representation and appeal

                                    Any person upon whom notice is served in terms of this sub-clause may,
                                    within fourteen days of the date of service of such notice, make written
                                    representation to the Council.

                                    Within twenty-eight days of the date of such representation being received
                                    by the Council and in the event of the Council refusing either to modify or
                                    withdraw the notice, any person as aforesaid who is aggrieved by such
                                    refusal, may appeal.

                            (iv)    Option of the Council

                                    In the event of:

                                    (a) failure of an owner and/or occupier to comply with the specified terms
                                        of a notice within such period as shall have been specified therein and
                                        in the absence of any representation and/or appeal as aforesaid; or

                                    (b) the opinion of the Council as to the state of maintenance or repair being
                                        upheld on appeal;



                                    the Council shall be entitled to undertake such maintenance as may have
                                    been specified in such aforementioned notice and recover the cost thereof
                                    from the owner and/or occupier.

                            (v)     Failure to comply with notice

                                    Failure of an owner and/or occupier to comply with the specified terms of a
                                    notice within the period specified therein shall, in the absence of any appeal
                                    or representation as aforesaid, be deemed to be a contravention of the
                                    Scheme.
                                                                                          A158
3.2.2.4                     Damage to the furniture or other elements of street reserve

                            Except with the prior approval of Council, no person shall bring onto any portion of
                            any street reserve or cause or allow to be stationary thereon:

                            any articulated motor vehicle, breakdown vehicle, bus, goods vehicle, tractor,
                            truck-tractor, any other type of vehicle weighing more than 3 500kg or any tanker,
                            skip unit or other part of an industrial vehicle for a period exceeding two hours,
                            except for bona fide purposes of delivering or supplying goods or services to such
                            premises, provided that in the event of such illegal action causing damage to the
                            furniture or other elements of the street reserve, Council may instruct the offender



A158
       AMENDMENT 158, COUNCIL RESOLUTION 1083, 25-03-98
       RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                             11


                            to repair the damages or Council may repair the damages and recover the costs
                            from the offender.

                            For the purpose of this subclause, the expressions “articulated motor vehicle”,
                            “breakdown vehicle”, “bus”, “goods vehicle”, “tractor”, “truck-tractor” and “any other
                            type of vehicle weighing more than 3 500kg shall have the meanings assigned
                            thereto by the Road Traffic Act (Act 29 of 1989), together with any schedule
                            thereto, regulation made thereunder and amendment thereof.”

3.2.3                       ADDITIONAL CONDITIONS AND PROVISIONS APPLICABLE TO DWELLING
                            UNITS AND THE SITES THEREOF

                            The following provisions, conditions and restrictions shall, in addition to any other
                            relevant provision of the Scheme, be applicable to all Dwelling Units and the sites
                            thereof, within the area of the Scheme.

3.2.3.1                     General provisions applicable to Dwelling Units and the Sites thereof

                                                                       A158
3.2.3.1.1                   Motor vehicles on premises of a Dwelling
                            Except with the prior approval of the Council, no person shall bring onto any
                            premises of a Dwelling Unit, any premises reserved for the erection of a Dwelling
                            Unit or any portion of any street reserve in a predominantly residential area, as the
                            case may be, or cause or allow to be present thereon:

                            any articulated motor vehicle, breakdown vehicle, bus, goods vehicle, tractor,
                            truck-tractor or any other type of vehicle weighing more than 3 500kg for a period
                            exceeding two hours, except for bona fide purposes of delivering or supplying
                            goods or services to such premises or any adjacent premises.

                            For the purpose of this sub-clause, the expressions “articulated motor vehicle”,
                            “breakdown vehicle”, “bus”, “goods vehicle”, “tractor”, “truck-tractor” and “any other
                            type of vehicle weighing more than 3 500kg” shall have the meanings assigned
                            thereto by the Road Traffic Act (No. 29 of 1989), together with any schedule
                            thereto, regulation made thereunder and amendment thereof.

3.2.3.1.2                   Use of Building or Rooms other than Habitable Rooms as a Dwelling
                            No person shall use or cause or permit to be used as a Dwelling, any room, group
                            of rooms or building which in the opinion of the Council is not a Habitable Room or
                            does not include Habitable Rooms to the satisfaction of the Council.

                                                                                       A158
3.2.3.1.3                   Use of Dwelling Units for the conduct of home industries
                            No person shall conduct, practice or carry out or allow to be conducted, practised
                            or carried out, for any purpose or in any manner, any home industry as defined in
                            Schedule 3 no. 50 of this Scheme, whatsoever from or upon, as the case may be,
                            any:

                            (a) Residential Building;

                            (b) Grouped Housing and Cluster Housing;

                            (c) Dwelling House;

                            (d) Medium Density Housing;

                            (e) Chalets;

                            (f)   Premises of such foregoing buildings;




A158
       AMENDMENT 158, COUNCIL RESOLUTION 1083, 25-03-98
A158
       AMENDMENT 158, COUNCIL RESOLUTION 1083, 25-03-98
   RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                         12


                (g) Land which may be used exclusively for the erection and use of such
                    foregoing buildings and for no other purpose; except where the consent of the
                    Council has first been applied for and obtained, provided that:

                      (i)    notwithstanding any other provision in this Scheme, such home industry
                             shall only comprise the use of land or a building or part thereof for any
                             activity or purpose falling within the scope of definition 50 as provided for
                             in Schedule 3; and

                      (ii)   any such consent shall, in addition to any condition which the Council
                             may deem fit to impose, be subject to the following conditions:

                             (a)   the home industry not be exercised by any person who is not
                                   actually resident in, nor in the opinion of the Council the primary
                                   occupant of such Dwelling Unit, provided further that the Town
                                   Council may, at its sole discretion, upon application, grant its
                                   approval to include one or more employees and/or registered
                                   partners of the home industry which is to be conducted from such
                                   Dwelling Unit or upon such premises;

                             (b)   the conduct of a home industry shall not entail the public display of
                                   goods;

                             (c)   no advertising or other sign larger than 0,4 m² in area shall be
                                   displayed from or affixed to the premises, provided that any such
                                   sign of 0,4 m² or less in area shall have received the permission of
                                   the Council;

                             (d)   the Council may withdraw or modify its consent subsequent to the
                                   granting thereof if the conduct of the home industry in the opinion
                                   of the Council, constitutes a nuisance; or if it is found that there is
                                   interference with the amenities of the neighbourhood arising from
                                   the conduct of the home industry;

                             (e)   upon the lapsing or rendering void in terms of Clause (4.7) or
                                   withdrawal of a consent, the practise of any home industry
                                   conducted in terms thereof shall cease upon the relevant premises
                                   within a period to be determined by the Council, provided that such
                                   period shall not exceed six months from the date on which such
                                   consent lapsed, was rendered void or was withdrawn.

                             (f)   the home industry shall cease to exist in the event that the property
                                   is not continuously used for residential purposes.

3.2.3.1.4       Included in Definition
                For the purpose of this Clause 3.2.3.1.4, the expression Home Industry, without
                limiting the ordinary meaning thereof and saving the provisions of Clause
                3.2.3.1.3(ii), means any activity in respect of which any payment, in money or in
                kind, is made or owing to or by any person where such payment arises, in any
                manner whatsoever, out of employment, whether as employer, employee, agent or
                consultant.

3.2.3.1.5       Prohibiting, Restricting or Enabling the Council
                Without prejudice to any powers of the Council derived from any other law, nothing
                in this Scheme, inclusive of this Clause 3.2.3.1.5 shall be construed as prohibiting
                or restricting or enabling the Town Council to prohibit or restrict:

                (i)   where no activity relating to a home industry is physically carried out or goods
                      relating thereto stored, in or upon the premises of a Dwelling Unit, the use of
                      the address only of such premises as the business address of a home
                      industry, as follows:

                      (a) in a telephone or similar directory;
       RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                                            13


                                       (b) as contemplated in Section 170 (i) of the Companies Act, 1973, Act No.
                                           61 of 1973, as amended;

                                       (c) for substantially similar purposes;

                                (ii)   the bona fide employment of domestic servants and the like.

3.2.3.2                         Additional provisions applicable to Dwelling Houses

                                The following provisions, conditions and restrictions shall, in addition to any other
                                relevant provision of the Scheme, be applicable to all Dwelling Houses and the
                                sites thereof within the area of the Scheme.

                                                                                   A158
3.2.3.2.1                       Minimum area of the site of a Dwelling House
                                The minimum area of the site of a Dwelling House shall not be less that 800 m² in
                                extent.

                                Provided that:

                                (i)    A site of less than 800 m² may be permitted provided that the subdivision
                                       standards shall conform strictly to the considerations and standards set out in
                                       Clauses 3.4.3 and 3.4.5.

                                (ii)   in the event of a Dwelling House being erected on land zoned Special
                                       Residential II, Special Residential III, General Residential I, General
                                       Residential II, and or Hotel, the provisions of Clause 3.2.5.1 “Minimum area of
                                       the site of a Residential Building", shall apply to such Dwelling House as if it
                                       were a Residential Building.

                                                                    A88A119
3.2.3.2.2                       Number of dwelling units per Erf
                                Subject to the provisions of Clause 4.1, nothing in this scheme shall prohibit or
                                restrict Council to approve of or grant its consent for, as the case may be, the
                                development of one additional dwelling unit on any Erf zoned “Special Residential
                                1” on which a dwelling unit either already has been erected or is intended to be
                                erected, subject to the following provisions:

                                (a) for the purposes of Schedule 4 Use Zone 1 “Special Residential 1” columns
                                    4(ii), 4(iii) and 4(iv), the following erf size categories, permissible FAR,
                                    permissible coverage, permissible height and maximum permissible floor area
                                    catergories (determining free entry use or consent) shall apply to additional
                                    dwelling units:
                                                    Permissible        Permissible                   Maximum permissible
                                       Erf size          A146                             Height
                                                     FAR                coverage                           floor area
                                                                                                      Free        Consent
                                             2
                                         m                                    %           Storeys     entry
                                                                                                      use*        Required
                                                                                                          2          2
                                 800 and >         0,35               35                  2         80m          >80
                                                                                                          2              2
                                 500 - 799         0,40               40                  2         65m          >65m
                                                                                                          2              2
                                 499 and <         0,45               45                  2         45m          >45m
                                A146* the maximum permissible floor area of additional dwelling units on Erfs 7995 to 8251
                                Birdswood Extension 26, shall be restricted to the applicable sizes specified in this column.

                                (b) in circumstances where the principle of developing an additional dwelling unit
                                    is supported in writing by all surrounding registered property owners as


A158
       AMENDMENT 158, COUNCIL RESOLUTION 1083, 25-03-98
A88
      AMENDMENT 88 ON ADDITIONAL DWELLING UNIT, COUNCIL RESOLUTION 3019, 23-11-1993
A119
       AMENDMENT 119 ON ADDITIONAL DWELLING UNIT, COUNCIL RESOLUTION 805,19-06-96
A146
       The maximum permissible floor area of additional dwelling units on Erfs 7995 to 8251 Birdswood Extension 26, shall be
       restricted to the applicable sizes specified in this column.
       RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                               14


                                   identified in writing by Council, Council may, at its sole discretion, grant
                                   exemption from the provisions of Clause 4.4 and may consider the application
                                   in terms of Clause 4.3.

                            (c) only with Council’s permission will a direct link between any additional dwelling
                                unit and the municipal services network be permitted”.

                                                  A88 A158
3.2.3.2.3                   Letting of premises
                            (i)    No part of any Dwelling House shall be let off as a separate tenement, nor
                                   shall the outbuildings of, or an additional free standing building on the
                                   premises of a Dwelling House except an Additional Dwelling Unit as permitted
                                   in Clause 3.2.3.2.2 above, be let off as a separate tenement. Provided that
                                   this Clause 3.2.3.2.3 shall not restrict Council from granting its approval for
                                   the use of a Dwelling House as a Boarding House as defined in Schedule 1
                                   Other Definitions No. 8, or as a Lodge as defined in Schedule 4 of this
                                   Scheme, where such Dwelling House is situated in a use zone where
                                   Boarding Houses may be erected and used.

                                   Provided further that the authority of Council shall not, in terms of this
                                   Scheme, be required for the lodging of not more than six lodgers (in a
                                   maximum of three lettable rooms) in a single Dwelling House nor for the use
                                   of a single Dwelling House as a Guest House / Bed & Breakfast facility
                                   consisting of not more than three lettable rooms and which further complies
                                   with the following conditions:

                                   (a) “guest house”/ “bed & breakfast facility” means, as the case may be, a
                                       resident owner or resident lessee managed commercial accommodation
                                       establishment primarily aimed at the tourist and/or business market,
                                       operated from a private single Dwelling House, where the facilities and
                                       services offered are for the exclusive use and benefit of overnight
                                       registered guests;

                                   (b) the operation of a Guest House / Bed & Breakfast facility shall not
                                       detract, as defined solely by Council, from the residential character and
                                       amenities of the property concerned or the immediate surroundings;

                                   (c) a Guest House / Bed & Breakfast facility shall not include a Place of
                                       Public Assembly or a Place of Public Amusement where such land use
                                       types are not allowed in terms of Schedule 4 of this Scheme;

                                   (d) d)     one on-site parking bay per lettable room shall   be provided;

                                   (e) any on-site advertising or signage shall be subject to Council’s approval;
                                       and

                                   (f)   “lettable room” means a habitable room;

                                   provided further that, for a guest house / bed & breakfast facility consisting of
                                   not less than four and not more than six lettable rooms, Council’s consent in
                                   terms of Clause 4.4 of this Scheme shall first be applied for and obtained, and
                                   such an application shall be accompanied by a site development plan.”

                            (ii)   For the purpose of this sub-clause (3) “Tenement” means a habitable room or
                                   group of rooms separately occupied as a dwelling.

A65        AMENDMENT 65 ON ADDITIONAL DWELLING UNITS, COUNCIL RESOLUTION 1584, 29-01-91
A88        AMENDMENT 88 ON ADDITIONAL DWELLING UNIT, COUNCIL RESOLUTION 3019, 23-11-1993
A119       AMENDMENT 119 ON ADDITIONAL DWELLING UNIT, COUNCIL RESOLUTION 805,19-06-96
A146       AMENDMENT 146 ON ADDITIONAL DWELLING UNIT, COUNCIL RESOLUTION 431,25-03-97
A158       AMENDMENT 158, COUNCIL RESOLUTION 1083, 25-03-98


A88
      AMENDMENT 88 ON ADDITIONAL DWELLING UNIT, COUNCIL RESOLUTION 3019, 23-11-1993
A158
       AMENDMENT 158, COUNCIL RESOLUTION 1083, 25-03-98
       RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                                  15

                                         A27
3.2.3.2.4                   Crèche
                            Without prejudice to any powers of the Town Council derived from any other law,
                            nothing in this scheme, inclusive of this sub-clause 4 shall be construed as
                            prohibiting or restricting:

                            (i)        the reception, keeping and temporary or partial care of six or less children by
                                       the tenant of a Dwelling House, either for the purpose of profit or not, during
                                       the absence of their parents or guardians.

                                                                           A119
3.2.3.2.5                   FLOOR AREA RATIO AND COVERAGE
                            The following maximum permissible Floor Area Ratio, permissible Coverage and
                            permissible Height shall apply to all Special Residential 1 sites:

                                                                                       Permissible
                                         Erf size            Permissible Far                                Height
                                                                                        Coverage
                                   2
                             m                                                    %                   Storeys

                             800 and >                    0,35                    35                  2
                             500 - 799                    0,40                    40                  2
                             499 and <                    0,45                    45                  2

3.2.4                       PROVISIONS APPLICABLE TO CLUSTER AND GROUPED HOUSING

                            The following provisions, conditions and restrictions shall, in addition to any other
                            relevant provision of the Scheme, be applicable to all Cluster and Grouped
                            Housing within the area of the Scheme.

3.2.4.1                     Cluster Housing

3.2.4.1.1                   Area of a Cluster Housing Site
                            No Cluster Housing Site shall be less than 5 000 m² in extent; provided that the
                            Council may, under exceptional circumstances, consent to the erection of Cluster
                            Housing on a site less than 5 000 m² if such site forms part of a private township
                            proclaimed as such, prior to the date of adoption.

3.2.4.1.2                   Internal streets
                            (i)        Where in the opinion of the Council a street, within a Cluster Housing Site
                                       should serve the public, the Council may require the street to be registered as
                                       a Public Street, provided that for the purpose of Floor Area, Density and
                                       Coverage calculations, the area of the Public Street shall be included in the
                                       area of such Cluster Housing Site;

                            (ii)       every internal street shall have an unobstructed reserve width of not less than
                                       6 metres provided that in the case of a cul-de-sac, giving access to more than
                                       25 Dwelling Units, the unobstructed Street Reserve shall be at least 8 metres
                                       wide;

                            (iii) (iii)at the end of every cul-de-sac shall be provided a turning space to the
                                  satisfaction of the Council.

A27        AMENDMENT 27 0N CRÈCHE, COUNCIL RESOLUTION 2010, 24-09-85
A119 AMENDMENT 119 ON ADDITIONAL DWELLING UNIT, COUNCIL RESOLUTION 805,19-06-96

3.2.4.1.3                   Building Lines and Side and Rear Spaces
                            Other than Building Lines, Side and Rear Spaces required under Clause 5.1, there
                            shall be no Side Space or Building Line requirement within a Cluster Housing Site.

A27
      AMENDMENT 27 0N CRÈCHE, COUNCIL RESOLUTION 2010, 24-09-85
A119
       AMENDMENT 119 ON ADDITIONAL DWELLING UNIT, COUNCIL RESOLUTION 805,19-06-96
      RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                            16


3.2.4.1.4                  Parking
                           Parking shall be provided in accordance with Clause 5.2. Except with the approval
                           of the Council at least one parking space per Dwelling Unit shall be covered.

3.2.4.1.5                  Sequential Development
                           The Council may approve of a Cluster Housing Site being developed sequentially
                           in portions.

3.2.4.1.6                  Occupation of Dwelling Unit Curtilage
                           No Dwelling Unit Curtilage within a Cluster Housing Site or within any portion of a
                           site specified by the Council shall be transferred, separately registered or
                           otherwise occupied before the whole Cluster Housing Site or the portion of the
                           Cluster Housing Site within which the Dwelling Unit Curtilage is situated has been
                           fully developed to the satisfaction of the Council.

3.2.4.1.7                  Ownership of common land
                           In the event of title of the different Dwelling Unit Curtilages being given to more
                           than one person:

                           (i)    the common land shall be owned exclusively by the owners of the Dwelling
                                  Units in co-ownership; and

                           (ii)   no co-owners shall be entitled to require the partition of the Common Land
                                  according to the proportion of his share.

3.2.4.1.8                  Establishment of Home Owners Association
                           A Home Owners Association shall be established. Such Association shall
                           administer and maintain the Common Land, control the external appearance of
                           buildings within the Cluster Housing Site and deal with any other matter pertaining
                           to its members. The affairs of the Association shall be regulated by a
                           Memorandum and Articles of Association. The Memorandum and Articles of
                           Association shall be submitted to the Council and shall be approved of, with or
                           without modification, by the Council, and shall thereafter not be amended without
                           the further approval of the Council.

3.2.4.1.9                  Council may impose conditions
                           When granting its consent or approval, the Council may impose conditions relating
                           to the relation of the site to adjacent uses, the effective provision and arrangement
                           of essential services, vehicular and pedestrian traffic ways and parking spaces, the
                           design and position of buildings, the adequacy of measures to promote privacy, the
                           suitability of proposed landscape treatment and any other related matters including
                           the external appearance of buildings.

3.2.4.1.10                 Provision of Common Open Space
                           In addition to any land which may have been required to be set aside for public
                           purposes as a condition of approval of an application to subdivide, Common Open
                           Space shall be provided at a ratio of not less than 100 m² of Common Open Space
                           for each Dwelling Unit within the Cluster Housing Site, provided that not less than 1
                           000 m² of Common Open Space shall be provided for each Cluster Housing.

3.2.4.1.11                 Development of Cluster Housing Site
                           The development within the Cluster Housing Site shall be harmoniously designed,
                           careful attention being given to the aesthetic and functional aspects of the design.

                                                           A33
3.2.4.1.12                 Floor Area Ratio and Coverage



A33
      AMENDMENT 33 ON COVERAGE, COUNCIL RESOLUTION 2548, 30-9-86
  RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                       17


                    The maximum permissible Floor Area Ratio and maximum permissible Coverage
                    applicable to a Cluster Housing Site shall be 0,3 and 30% respectively.

3.2.4.1.13          Minimum area of Dwelling Unit Curtilage
                    No Dwelling Unit Curtilage shall be less than 250 m² in extent, provided that such
                    minimum area shall not include any extended access way giving access to a
                    “panhandle" or "hatchet" shaped Dwelling Unit Curtilage.


3.2.4.1.14          Provision and minimum size of Private Open Area
                    Each Dwelling Unit Curtilage shall be provided with a Private Open Area of not less
                    than 50 m² in extent.

3.2.4.1.15          Maximum density upon a Cluster Housing Site
                    The maximum number of Dwelling Units which may be erected upon a Cluster
                    Housing Site shall be the area of such site expressed in hectare multiplied by
                    twenty (20), such number being rounded off to the lesser whole number.

                    For example: Given the area of a Cluster Housing Site as 2,3591 ha, the maximum
                    number of Dwelling Units which may be erected thereon is 2,3591 x 20 = 47,18,
                    rounded off to forty seven Dwelling Units upon such site.

3.2.4.1.16          Maximum height
                    The maximum height of buildings or structures which may be erected upon a
                    Cluster Housing Site shall not exceed two storeys, provided that the Council may
                    approve of a structure other than a main building or outbuilding being erected to a
                    height of not more than 13,5 metres above the mean ground level of such site.

A33   AMENDMENT 33 ON COVERAGE, COUNCIL RESOLUTION 2548, 30-9-86

3.2.4.1.17          Attached buildings
                    Individual Dwelling Units forming part of a Cluster Housing may be attached or
                    linked, provided that the only elements of such Dwelling Units which may be
                    attached or linked shall be: garages; storerooms; walls and any other element
                    which does not form part or fall within the scope of the definition of Habitable
                    Room.

3.2.4.1.18          Proximity of parts of Dwelling Units
                    No Habitable Room, or part thereof, forming part of a Dwelling Unit erected upon a
                    Cluster Housing Site shall be located within two (2) metres of any other Habitable
                    Room or part thereof, being part of any other such Dwelling Unit.

3.2.4.1.19          Provision of playground
                    A suitable portion of the Common Open Space being not less than 10% thereof
                    shall be enclosed, laid out and equipped as a children’s' playground to the
                    satisfaction of the Council, provided that this provision may be relaxed with the
                    approval of the Council.

3.2.4.1.20          Provision of storeroom
                    A storeroom with a minimum internal area of 2m² shall be provided on each
                    Dwelling Unit Curtilage.

3.2.4.1.21          Alterations, additions and demolitions
                    No person shall make, or cause or permit to be made, any alterations, additions or
                    demolitions to any part of the building upon a Cluster Housing Site, including
                    boundary walls and fences, nor shall any person change, or cause or permit to be
                    changed, the external appearance, colour scheme or materials of such buildings
                    without the approval of the Council thereto first having been applied for and
                    obtained.
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3.2.4.1.22     Landscaping of Common Open Space
               The Common Open Space shall, within one year of the date of first occupation of
               any Dwelling Unit upon the Cluster Housing Site, be landscaped at the cost of the
               developer, to the satisfaction of the Council and shall thereafter be maintained by
               the Home Owners Association, at its cost, in accordance with sub-clause 3.2.2.3 of
               the Scheme.

3.2.4.1.23     Common walls between buildings
               Where the common boundary between two Dwelling Unit Curtilages or between a
               Dwelling Unit Curtilage and Common Land passes through a building, such
               common boundary shall, within such building and except where the Council may
               determine to the contrary, pass along the central line of double, unpierced,
               fireproof walls, each of not less than 0,230 metres in width and extending in a
               vertical plane from the foundations of such building to the upper extent of or
               beyond the roof structure thereof.

3.2.4.1.24     Duty of owner or occupier
               The owner and/or occupier, as the case may be, of a Dwelling Unit upon a Cluster
               Housing Site shall:

               (i)    permit any person authorised in writing by the Home Owners Association, at
                      all reasonable hours on notice (except in case of emergency where no notice
                      is required), to enter his Dwelling Unit or Dwelling Unit Curtilage for the
                      purpose of inspection, maintenance, repair or renewal of any pipes, wall, roof
                      structure, gutters, cables, service, appearance and any other matter or thing
                      existing thereon and capable of being used in connection with the enjoyment
                      of any other Dwelling Unit, Dwelling Unit Curtilage or Common Land, or for
                      any purpose which may be reasonable or required by law. Provided that any
                      damage done during the process of such inspection, maintenance, repair,
                      renewal or entry for other purpose shall be made good by such
                      aforementioned person at his cost;

               (ii)   maintain his Dwelling Unit and Dwelling Unit Curtilage and keep it in a state of
                      good and serviceable repair, particularly as regards the external appearance
                      thereof which shall be maintained in accordance with approved Building Plans
                      and any condition lawfully imposed by the Council;

               (iii) use and enjoy the Common Land in such a manner as not unreasonably to
                     interfere with the use and enjoyment thereof by other such owners or
                     occupiers lawfully upon the premises;

               (iv) not use his Dwelling Unit or Dwelling Unit Curtilage or permit it to be used in
                    any manner or for any purpose whatsoever which may constitute a nuisance
                    or unreasonably interfere with the use and enjoyment of any other Dwelling
                    Unit or Dwelling Unit Curtilage;

               (v) maintain and support for any wall, roof, pipe, gutter, wiring or other structure
                   or thing that is common to his Dwelling Unit Curtilage and any other Dwelling
                   Unit Curtilage; and

               (vi) forthwith carry out any work which may be ordered by any competent
                    authority, including the Home Owners Association and Council, in respect of
                    his Dwelling Unit or Dwelling Unit Curtilage, other than such work as may be
                    for the benefit of the common property or other Dwelling Unit of Dwelling Unit
                    Curtilage generally, and pay all charges, expenses, fees and assessments
                    that may be payable in respect of his Dwelling Unit or Dwelling Unit Curtilage.

3.2.4.1.25     Additional duties of Home Owners Association
               The Home Owners Association shall, in addition and without prejudice to its duties
               and responsibilities under any law, bylaw or regulation, inclusive of sub-clause (8)
               hereof, assume the following responsibilities and carry out the following duties:

               THE HOME OWNERS ASSOCIATION SHALL:
   RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                      19


                (i)    Insure the buildings upon the Cluster Housing Site and keep such buildings
                       insured to their replacement value against fire and other risks and further (ii)

                (ii)   In the event of any building upon his Dwelling Unit Erf being damaged or
                       destroyed by fire, storm or other cause, unless otherwise agreed to by the
                       Council, within a reasonable period make good such damage or reconstruct
                       the destroyed building in accordance with the original approved plans and any
                       condition lawfully imposed by the Council;

                (iii) Properly maintain the Common Land and any building or structure thereon
                      and keep such in a state of good and serviceable repair;

                (iv) Subject to the rights of the Council and any other public authority, maintain
                     and repair (including replacement where reasonably necessary) pipes, wires,
                     cables, walls, roofs, structures, services or other things existing on the Cluster
                     Housing Site and capable of being used in connection with the enjoyment of
                     more than one Dwelling Unit Curtilage or of the Common Land;

                (v) Properly control the maintenance and repair (including replacement where
                    reasonably necessary) of the external appearance (including materials and
                    colour schemes) of all buildings upon the Cluster Housing Site in accordance
                    with approved plans and any condition lawfully imposed by the Council;

                (vi) Ensure compliance with any law, bylaw, regulation or condition relating to
                     Common Land or to any improvement on Common Land;

                (vii) Comply with any notice or order by the Council requiring any repairs to or work
                      in respect of Common Land or any improvement thereon; and

                (viii) Notify the Council of its domicillium citandi et executandi which shall be its
                       address for the purpose of any notice, order or legal process.

3.2.4.2         Grouped Housing

3.2.4.2.1       Area of a Grouped Housing Site
                No Grouped Housing Site shall be less than 5 000 m² in extent; provided that the
                Council may, under exceptional circumstances grant its approval to the erection of
                Grouped Housing on a site less than 5 000 m² if such site forms part of a private
                township proclaimed as such prior to the date of adoption.

3.2.4.2.2       Number of Dwelling Units per Dwelling Unit Erf
                Not more than one Dwelling Unit shall be erected on any Dwelling Unit Erf.

3.2.4.2.3       Building Lines, and Side and Rear Space
                Other than Building Lines, Side and Rear Spaces required in terms of Clause 5.1
                there shall be no Side or Rear Space or Building Line requirements within the
                boundaries of any Grouped Housing Site, provided that in the interest of safe traffic
                movement or for any other reason the Council may stipulate a Building Line of 7,5
                metres from any public street boundary within the Grouped Housing Site.

3.2.4.2.4       Parking
                Parking shall be provided in accordance with Clause 5.2. Except with the approval
                of the Council at least one parking space per Dwelling Unit shall be covered.

3.2.4.2.5       Sequential Development
                The Council may approve of a Grouped Housing Site being developed sequentially
                in portions.

3.2.4.2.6       Transfer of a Dwelling Unit Erf
                No Dwelling Unit Erf within a Grouped Housing Site or within any portion of the site
                specified by the Council shall be transferred or separately registered before the
      RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                            20


                           whole Grouped Housing Site or portion of the Grouped Housing Site within which
                           the Erf is situated has fully been developed to the satisfaction of the Council.

3.2.4.2.7                  Council may impose conditions
                           When granting its consent or approval the Council may impose conditions relating
                           to the relation of the site to adjacent uses, the effective provision and arrangement
                           of essential services, vehicular and pedestrian traffic ways and parking spaces, the
                           design and disposition of buildings, the adequacy of measures to promote privacy,
                           the suitability of proposed landscape treatment, and any other related matters
                           including the external appearance of buildings.

3.2.4.2.8                  Provision of Public Open Space
                           In addition to any land which may be required for public purposes as a condition of
                           approval of an application to subdivide, not less than 100 m² of Public Open Space
                           shall be provided for each Dwelling Unit within the Grouped Housing Site provided
                           that no single area of Public Open Space shall be less than 1 000 m² and provided
                           further that the Council may relax this requirement under circumstances where the
                           Council is satisfied that Public Open Space in conformity with this requirement is
                           located directly adjacent to or is reasonably accessible from such Grouped
                           Housing Site.

3.2.4.2.9                  Development of Grouped Housing Site
                           The development within the Grouped Housing Site shall be harmoniously
                           designed, careful attention being given to the aesthetic and functional aspects of
                           the design.

                                                           A33
3.2.4.2.10                 Floor Area Ratio and Coverage
                           The maximum permissible Floor Area Ratio and maximum permissible Coverage
                           applicable to a Grouped Housing Site shall be 0,3 and 30% respectively.

3.2.4.2.11                 Minimum area of a Dwelling Unit Erf
                           No Dwelling Unit Erf shall be less than 300 m² in extent, provided that such
                           minimum area shall not include an extended access way giving access to a
                           "panhandle" or "hatchet" shaped Dwelling Unit Erf.

3.2.4.2.12                 Maximum density upon a Grouped Housing Site
                           The maximum number of Dwelling Units which may be erected upon a Grouped
                           Housing Site shall be the area of such site expressed in hectare multiplied by
                           twenty (20), such number being rounded off to the lesser whole number.

                           For example: Given the area of a Grouped Housing Site as 1,8973 ha, the
                           maximum number of Dwelling Units which may be erected thereon is 1,8973 x 20
                           = 37,946, rounded off to thirty- seven Dwelling Units upon such site.

3.2.4.2.13                 Maximum height
                           The maximum height of buildings or structures which may be erected on a
                           Grouped Housing Site shall not exceed two storeys, provided that the Council may
                           approve of a structure other than a main building or outbuilding being erected to a
                           height of not more than 13,5 metres above the mean ground level of such site.

3.2.4.2.14                 Attached buildings
                           Individual Dwelling Units forming part of Grouped Housing may be attached or
                           linked, provided that the only elements of such Dwelling Units which may be
                           attached or linked shall be: garages, storerooms, walls and any other element
                           which does not form part or fall within the scope of the definition of Habitable
                           Room.

A33
      AMENDMENT 33 ON COVERAGE, COUNCIL RESOLUTION 2548, 30-9-86
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3.2.4.2.15     Proximity of parts of Dwelling Units
               No Habitable Room or part thereof, forming part of a Dwelling Unit erected upon a
               Grouped Housing Site shall be located within two (2) metres of any other Habitable
               Room or part thereof, being part of any other such Dwelling Unit.

3.2.4.2.16     Common walls between buildings
               Where the common boundary between two Dwelling Unit Erfs passes through a
               building, such common boundary shall, within such building and except where the
               Council may determine to the contrary, pass along the centre line of double,
               unpierced, fireproof walls, each of not less than 0,230 metres in width and
               extending in a vertical plane from the foundations of such building to the upper
               extent of or beyond the roof structure thereof.

3.2.4.2.17     Provision of a storeroom
               A storeroom with a minimum internal area of 2 m² shall be provided on each
               Dwelling Unit Erf.

3.2.4.2.18     Alterations, additions and demolitions
               No person shall make, or cause or permit to be made, any alterations, additions or
               demolitions to any building or part thereof upon a Grouped Housing Site, including
               boundary walls and fences, nor shall any person change, or cause or permit to be
               changed, the external appearance, colour scheme or materials of such buildings
               without the approval of the Council thereto first having been applied for and
               obtained.

3.2.4.2.19     Landscaping of portions of Grouped Housing Site
               The Council may, where considered necessary or reasonably desirable by the
               Council, require the landscaping, paving or any other treatment of portions of a
               Grouped Housing Site.

3.2.4.2.20     Bylaws
               The bylaws and regulations applicable to the area of jurisdiction of the Council,
               where not at variance with this Clause 3.2.4.2, shall apply in all respects. In
               addition:

               (i)    where a Grouped Housing Scheme exceeds four Dwelling Units, access for
                      fire fighting purposes shall be made available to such Dwelling Units to the
                      satisfaction of the Chief Fire Officer, and in any event shall have an
                      unobstructed consolidated width of not less than four metres; and

               (ii)   except where otherwise approved by the Council, taking into account physical
                      accessibility, access from the nearest Public Street for the removal of refuse
                      from any Dwelling Unit Erf shall be independent and unimpeded and shall not
                      lead through any aperture of less than one metre wide and two and a half
                      (2,5) metres high and such access shall not be more than 18 metres from the
                      entrance to the premises from which the collection of refuse is to be made.

3.2.4.2.21     Private Amenities
               Public Open Space for swimming pools, tennis courts and other amenities may be
               leased to a club, by the Town Council.

3.2.4.2.22     Duty of Owner or Occupier
               The owner and/or occupier, as the case may be, of a Dwelling upon a Grouped
               Housing Site shall:

               (i)    permit any person, at all reasonable hours on notice (except in case of
                      emergency where no notice is required) to enter upon his Dwelling Unit Erf or
                      Dwelling Unit for the purpose of inspection, maintenance, repair or renewal of
                      any pipes, wall, roof, structure gutters, cables, service, appearance and any
   RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                       22


                       other matter or thing existing thereon and capable of being used in connection
                       with the enjoyment of any other Dwelling Unit Erf or Dwelling Unit, or for any
                       purpose which may be reasonable or required by law. Provided that any
                       damage done during the process of such inspection, maintenance, repair,
                       renewal or entry for other purposes, shall be made good by such
                       aforementioned person at his cost;

                (ii)   insure the Dwelling Unit upon his Dwelling Unit Erf and keep such Dwelling
                       Unit insured to its replacement value against fire and other risks and pay the
                       premiums of any such policy of insurance, and further if requested by the
                       Council, to furnish proof of such insurance and payment to the Council;

                (iii) in the event of any building upon his Dwelling Unit Erf being damaged or
                      destroyed by fire, storm or other cause, unless otherwise agreed by the
                      Council, within a reasonable period make good such damage or reconstruct
                      the destroyed building in accordance with the original approved plans and any
                      condition lawfully imposed by the Council;

                (iv) maintain his Dwelling Unit and Dwelling Unit Erf and keep it in a state of good
                     and serviceable repair, particularly as regards the external appearance
                     thereof which shall be maintained in accordance with approved building plans
                     and any condition lawfully imposed by the Council;

                (v) not use his Dwelling Unit or Dwelling Unit Erf or permit or cause it to be used
                    in any manner or for any purpose whatsoever which may constitute a
                    nuisance or unreasonably interfere with the use and enjoyment of any other
                    Dwelling Unit or Dwelling Unit Erf;

                (vi) maintain the support for any wall, roof, pipe, gutter, wiring or other structure or
                     thing that is common to his Dwelling Unit Erf and any other Dwelling Unit Erf;

                (vii) forthwith carry out any work which may be ordered by any competent
                      authority, including the Council, in respect of his Dwelling Unit or Dwelling Unit
                      Erf, other than such work as may be for the benefit of any other Dwelling Unit
                      or Dwelling Unit Erf generally, and pay all charges, expenses, fees and
                      assessments that may be payable in respect of his Dwelling Unit or Dwelling
                      Unit Erf; and

                (viii) notify the Council of his domicillium citandi et executandi, which shall be his
                       address for the purpose of any notice, order or process.

3.2.4.3         Procedure for submitting Cluster and Grouped Housing Proposals

                Any person intending to develop a site upon which Cluster or Grouped Housing
                may be erected and used shall apply to the Town Council for its approval or
                consent as the case may be, to develop the land and shall simultaneously submit
                to the Town Council for its approval:

3.2.4.3.1       A layout plan or plans showing
                (i)    the position, dimensions of and materials to be used in the construction of all
                       streets, driveways, parking areas, squares and hardened pedestrian
                       accesses, if any;

                (ii)   in the case of Cluster Housing the boundaries of all Dwelling Unit Curtilages,
                       Private Open Areas and Common Open Spaces, and in the case of Grouped
                       Housing the boundaries of all Erfs and Public Open Spaces;

                (iii) the position, nature and extent of all proposed and existing buildings on the
                      site and adjoining site;

                (iv) the position and nature of the proposed means of water and electricity supply
                     and distribution and sewage disposal;

                (v) the existing contours, natural vegetation and other topographical features of
                    the site;
   RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                      23


                (vi) the proposed landscaping of the site;

                (vii) the proposed lighting in the Common Land or Public Open Space;

                (viii) the position and nature of recreation facilities if any;

3.2.4.3.2       A set of sketch or outline drawings prepared by an architect, at a scale of 1:100
                showing the structure within the proposed development and particulars of the
                materials and colours to be used for the finish of exterior walls and roof or roofs;
                together with both front and rear elevations of each typical group of Dwelling Units
                at a scale of 1:100 or 1:200; and

3.2.4.3.3       A table indicating:
                (i)    the total area of the site;

                (ii)   the total number of Dwelling Units;

                (iii) the total floor area, coverage and the height of buildings;

                (iv) the total number of car parking spaces provided for visitors and for residents;

                (v) in the case of Cluster Housing the extent of the Common Open Space, the
                    smallest Private Open Area and the smallest Dwelling Unit Curtilage and the
                    total coverage of all buildings in relation to the whole housing site; and

                (vi) in the case of Grouped Housing the extent of the Public Open Space and the
                     smallest Dwelling Unit Erf and the site coverage or Buildings on each Dwelling
                     Unit Erf.

3.2.4.3.4       Any other documents which the Town Council may reasonably require.

3.2.5           ADDITIONAL PROVISIONS APPLICABLE TO RESIDENTIAL BUILDINGS
                AND/OR MEDIUM DENSITY HOUSING AND/OR CHALETS

                The following provisions, conditions and restrictions shall, in addition to any other
                relevant provision of the Scheme, be applicable to all Residential Buildings and/or
                Medium Density Housing and/or Chalets and the sites thereof within the area of the
                scheme.

3.2.5.1         Minimum Area of the Site of a Residential Building, Medium Density Housing and/or
                Chalets.

                No Residential Building, Medium Density Housing and/or chalets may be erected
                on a site of less than 3600 m² in extent; provided that within that part of the
                Scheme in respect of which the effective date is 7 February 1962, the Town
                Council may, saving any other provision of this Scheme and under exceptional
                circumstances, grant its approval to the erection of a Residential Building, Medium
                Density Housing and/or Chalets on a site of less than 3600 m².

3.2.5.2         Variable Floor Area Ratio in respect of a Residential Building in Use Zone IV
                General Residential 1 and Use Zone VI Hotel

                The permissible floor area ratio in respect of a Residential Building in the Use
                Zones General Residential 1 and Hotel shall be calculated in accordance with the
                formula P.F.A.R. = A + 0,1000; Where P.F.A.R. represents the Permissible Floor
                Area Ratio; and A represents the Area of the site of such Residential Building
                expressed in hectare. Provided that:

                (a) the permissible floor area ratio shall under no circumstances exceed 0,75;
                    and

                (b)     the permissible floor are ratio shall be 0,5 in respect of sites between 0,3600
                       ha and 0,400 ha in extent.

                FOR EXAMPLE:
       RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                                24


                            1.     Where the area of the site is 1825 m²: A = 0,1825 (ha). Permissible Floor
                                   Area Ratio = 0,1825 + 0,1000 = 0,2825.

                            2.     Where the area of the site is 3750 m²: The area of the site is between 0,3600
                                   ha and 0,4000 ha. Therefore the Permissible Floor Area Ratio is 0,5.

                            3.     Where the area of the site is 4500 m² : A = 0,4500 (ha). Permissible Floor
                                   Area Ratio = 0,4500 + 0,100 = 0,55.

                            4.     Where the area of the site is 8000 m² : A = 0,800 + 0,1000 = 0,9. This is
                                   greater than 0,75; therefore the Permissible Floor Area Ratio is 0,75.
                                                   A33 A158
3.2.5.3                     Increased Coverage

                            The permissible coverage in respect of the site of a Residential Building, Medium
                            Density Housing and/or of Chalets may, with the approval of the Town Council be
                            increased to a maximum of 35% of the area of such site, provided that:

                            (i)    the extent of such increased coverage shall be used exclusively for the
                                   purpose of providing covered parking for the use of the residents of Dwelling
                                   Units erected on the site; and for the erection of laphas exclusively for the
                                   purposes of private recreational use as defined in Schedule 3 no. 30, by
                                   residents of Dwelling Units erected on the site;

                            (ii)   the total covered space on the site shall be distributed and disposed on the
                                   site to the satisfaction of the Town Council.

3.2.5.4                     Exclusion from coverage

                            Where a Residential Building is or are permitted in any Commercial Use Zone and
                            such building is erected on floors above ground level and the actual coverage on
                            the site exceeds 50% then, for the purpose of determining permissible coverage in
                            respect of such Residential Building, any flat roofs on the site, laid out to the
                            satisfaction of the Town Council for rest and recreational purposes and contiguous
                            to and approximately at the same level as the lowest portion of such Residential
                            Building and conveniently accessible therefrom, may with the approval of the Town
                            Council, be excluded from actual coverage.

3.2.5.5                     Landscaping of sites of Residential Buildings, Medium Density Housing and/or
                            Chalets

                            Those portions of the site of a Residential Building, Medium Density Housing
                            and/or Chalets not used for Building, parking, road or other utility purposes and
                            inclusive of an area exempt from coverage under sub-clause(4) above, which
                            portions shall comprise not less than 25% of the area of such site, shall, within a
                            period to be determined by the Town Council, be landscaped at the cost of the
                            owner to the satisfaction of the Town Council, for the use and enjoyment of the
                            residents of the dwelling units, and shall thereafter be maintained by the owner, at
                            his cost, in accordance with sub-clause 3.2.2.3;

                            Provided that:

                            (i)    the aforesaid 25% of the area of the site may, with the permission of the Town
                                   Council, include the area of any flat roof of a Residential Building, conveniently
                                   accessible from such Residential building and laid out or landscaped to the
                                   satisfaction of the residents of the Town Council for the use and enjoyment of
                                   the residents of the Dwelling Units; and

                            (ii)   the aforesaid period to be determined by the Town Council shall not be less
                                   than six months or more than eighteen months from the date on which any
                                   Dwelling Unit on the site is first used for residential purposes.



A33
      AMENDMENT 33 ON COVERAGE, COUNCIL RESOLUTION 2548, 30-9-86
A158
       AMENDMENT 158, COUNCIL RESOLUTION 1083, 25-03-98
       RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                           25


3.2.5.6                     Provision of a shop and/or Laundrette

                            Where premises which are otherwise included within the scope of the definition of
                            a shop and/or Laundrette, are intended to be erected and used as an integral part
                            of a Residential Building, Medium Density Housing and/or Chalets, where
                            permitted, within use zone IV to VI, are at the sole discretion of the Town Council,
                            legitimately part of, or incidental to, the use of such Residential Building, Medium
                            Density Housing and/or Chalets, the Town Council may, after consideration of the
                            following criteria:

                            (i)    the need for and provision of such Premises in the vicinity of the site;

                            (ii)   the location of the site in the use zone of which it forms part; and

                            (iii) the traffic generation, both vehicular and pedestrian which may arise from the
                                  use of such premises grant its approval to the erection and use of such
                                  premises upon such site.

3.2.5.7                     Vertical Segregation of Dwelling Units and Non-Residential Uses

                            Where Dwelling Units are situated within the same building as uses falling within
                            the scope of the definition of Non-Residential uses, such Dwelling Units shall not
                            be located upon the same floor level as such Non-Residential uses and except
                            where the Town Council may approve the contrary, the vertical separation between
                            the floor level of such dwelling units and the floor level of such Non-Residential
                            uses shall not be less than 4,5 metres.

                            Non-Residential uses shall for the purpose of this clause mean the use of a
                            building for any purpose other than a Residential Building, Medium Density
                            Housing, Chalets, Dwelling House, Grouped Housing, Cluster Housing, Hotel
                            and/or Boarding House.

3.2.6                       ADDITIONAL PROVISIONS APPLICABLE TO HOTELS

                            The following provisions, conditions and restrictions shall in addition to any other
                            relevant provision of the Scheme, be applicable to all Hotels and the sites thereof
                            within the area of the scheme.

3.2.6.1                     Minimum area of a Hotel Site

                            Except with the approval of the Town Council, no Hotel shall be erected on a site of
                            less than 3600m² in extent.
                                             A158
3.2.6.2                     Ancillary Uses

                            Notwithstanding any other provision of the scheme and in respect of a Hotel,
                            Council may grant its approval to one or more of the following activities being used
                            ancillary to such Hotel:

                            Hairdressing salon, book shop, news agent, automatic vending machines, travel
                            agent, florist, booking agent, curio shop or bank agency.

                            Provided that:

                            (i)    for the purposes of this clause 3.2.6.2 the definition of such aforesaid
                                   activities shall be at the discretion of the Town Council provided that any
                                   applicant aggrieved by such definition may appeal;

                            (ii)   no commercial advertising of such aforesaid activities shall be permitted on
                                   the site so as to be visible from outside the building;

                            (iii) access to such activities shall be from within the Hotel; and




A158
       AMENDMENT 158, COUNCIL RESOLUTION 1083, 25-03-98
   RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                     26


                (iv) for the purpose of Floor Area Ratio, Coverage and Height determination such
                     aforesaid activities shall be deemed to be part of the Hotel.

3.2.6.3         Exclusion from Coverage

                Where a Hotel is permitted in any Use Zone and the actual Coverage of all
                buildings on the site exceeds 60% then, for the purpose of determining permissible
                Coverage in respect of such Hotel only, may any flat roofs on the site, laid out or
                landscaped for rest and recreational purposes and conveniently and freely
                accessible from such Hotel, with the approval of the Council, be deemed to be
                excluded from actual coverage.

3.2.7           ADDITIONAL CONDITIONS AND PROVISIONS APPLICABLE TO PUBLIC
                GARAGES

                The following provisions, conditions and restrictions shall, in addition to any other
                relevant provision of the Scheme, be applicable to all Public Garages and the sites
                thereof within the area of the Scheme.

3.2.7.1         The site of a Public Garage

                Except with the approval of the Council:

                (i)    Frontage

                       The street frontage of the site of a Public Garage shall not be less than 36
                       metres;

                (ii)   Depth

                       The depth of the site of a Public Garage (measured at right angles to the
                       street frontage) shall not be less than 30 metres;

                (iii) Minimum area of site

                       The area of the site of a Public Garage shall not be less than 2 400m² in
                       extent; and

                (iv) Access

                       Points of ingress to and egress from the site of a Public Garage from and to,
                       respectively, the Public Street System shall be located, designed, constructed
                       and maintained to the satisfaction of the Council.

3.2.7.2         Location of Installations

                Except with the approval of Council, no petrol or other fuel pump, installation or
                other facility shall be located within 7,5 metres of any street boundary or within 4
                metres of any side or rear boundary.

3.2.7.3         Panelbeating, Spraypainting and Steam Pressure Cleaning

                Notwithstanding any other provision of the Scheme, the Council may approve of
                the conducting or carrying out of panelbeating, spraypainting or steam pressure
                cleaning ancillary to and on the same site as a Public Garage.

3.2.7.4         Parking area

                Except where Council, upon application for its permission to do so, may agree to a
                relaxation, an area of at least 40% of the area of the site of a Public Garage shall
                be reserved for the parking of motor vehicles, provided that the following may be
                included in the area so reserved:

                (i)    any area, whether covered or not, required for parking in terms of Clause 5.2;

                (ii)   areas giving access to and/or allowing for manoeuvring of vehicles into
                       parking bays;
       RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                            27


                            (iii) areas used to accommodate vehicles awaiting service or repair; and

                            (iv) forecourt areas used for the refuelling of motor vehicles.

3.2.7.5                     Screen Walls

                            Screen Walls of such height, extent, materials, design and position as may be
                            determined by Council shall be erected as and when required by Council in order
                            to screen all working areas, storage areas and yards from outside view.

3.2.7.6                     Screening of Activities

                            No dismantled vehicles shall be parked, nor vehicles or equipment undergoing
                            repair be stored, nor repairs be done on vehicles or equipment, nor goods or other
                            materials be stacked outside the garage building or screen walls so as to be visible
                            from beyond the boundaries of the site.

3.2.7.7                     Dwelling Prohibited

                            Except where Council may approve of the provision of a single Dwelling Unit for
                            the exclusive use of a caretaker, no Dwelling Unit of any description whatsoever
                            shall be used or permitted to be used simultaneously with the use of a site as the
                            site of a Public Garage.
                                                                 A104
3.2.7.8                     Ancillary Tea Room and Restaurant

                            Council may grant its consent to the use of a restaurant and/or other type of shop
                            ancillary to and on the same site as a Public Garage, provided that such consent
                            shall lapse in the event of the Public Garage ceasing to operate; and furthermore
                            provided that the definition of “shop” would only entail a cafe, supermarket, tea
                            room, video hiring outlet and/or automatic banking teller machine and be limited to
                                   2
                            100m floor area.

3.2.7.9                     Public Conveniences

                            Public conveniences, to the satisfaction of the Medical Officer of Health, shall be
                            provided on the site of any Public Garage; such public convenience shall be
                            maintained to the satisfaction of the Medical Officer of Health.

                            Provided that the Council, in consultation with the Medical Officer of Health may
                            relax the requirements of this sub-clause 9.

3.2.8                       ADDITIONAL CONDITIONS AND PROVISIONS APPLICABLE TO PLACES OF
                            PUBLIC WORSHIP

                            The following provisions, conditions and restrictions shall, in addition to any other
                            relevant provision of the Scheme, be applicable to all Places of Public Worship and
                            the sites thereof within the area of the Scheme.

3.2.8.1                     Minimum Area of the Site

                            No Place of Public Worship shall be established or used on a site of less than 4
                            000m² in extent except with the approval of the Council.
                                                  A158
3.2.8.2                     Dwellings Prohibited

                            The site of a Place of Public Worship shall not simultaneously be the site of one or
                            more Dwelling Units provided that the Council may grant its approval to the
                            erection and use of one or more Dwelling Units, upon such site, to be used in
                            conjunction with the use of such site as the site of a Place of Public Worship.



A104
       AMENDMENT 104 ON PUBLIC GARAGE, COUNCIL RESOLUTION 277, 29-08-95.
A158
       AMENDMENT 158, COUNCIL RESOLUTION 1083, 25-03-98
      RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                               28

                                                                                                A96
3.2.9                      ADDITIONAL PROVISIONS APPLICABLE TO RESORT ZONES

                           The following provisions, conditions and restrictions shall, in addition to any other
                           relevant provision of the Scheme, be applicable to all Resort Zones within the area
                           of the Scheme.

3.2.9.1                    Caravan Parks, Chalets, Dwellings, Medium Density Housing, Cluster and Grouped
                           Housing

                           Within a Resort Zone, the provision of any Caravan Park shall be designed and
                           operated independently of any accommodation of a permanent nature such as
                           Chalets, Dwellings, Medium Density Housing and Cluster and Grouped Housing
                           units.

3.2.9.2                    Development and Site Development Plans

                           No Caravan Park, Chalets, Dwellings, or Medium Density Housing, Cluster
                           Housing or Grouped Housing units may be erected within a Resort Zone without
                           compliance, first, with the provisions of clause 1.6 and/or 1.12 of this Scheme, at
                           the sole discretion, and to the satisfaction, of the Council.

3.2.9.3                    Environmental Protection

                           In addition to the provision contained in clauses 1.6 and 1.12, within the Resort
                           Zone, no caravan site, chalet, dwelling unit or building may be sited above the
                           designated dune stability line, as defined in the Coastal and Beachfront
                           Masterplan, November 1992. No undergrowth, shrubs and trees of an indigenous
                           nature may be cleared, unless so identified and approved by Council.

3.2.9.4                    Additional Uses

                           The Council may, at its sole discretion, on application to it, grant its approval to the
                           establishment of:

                           (a) a shop, laundrette and/or place of public amusement, place of public
                               assembly, or recreational building which is ancillary and incidental to the
                               Resort Zone and exclusively serves such zone; and

                           (b) a dwelling unit, or dwelling units, which is, or are, exclusively to be used for
                               accommodation of employees of a Caravan Park.

3.2.9.5                    Temporary Uses

                           Within the Resort Zone, the use of a single caravan or a dwelling unit, or occupant
                           or occupants of a caravan or a dwelling unit, subject to the provisions of sub-
                           clause 3.2.9.4, the occupant or occupants of a caravan or dwelling unit, or any
                           representative of such occupant or occupants for a period in excess of three
                           months in any twelve month period, shall be subject to the permission of the
                           Council.

3.2.9.6                    Design, Layout and other Standards for Caravan Parks

                           No caravan park shall be established within the area of this scheme, except where
                           the approval of the Council thereto has been obtained. The design, layout and
                           other standards of the Caravan Park shall be to the satisfaction of the Council and
                           subject to such conditions which the Council may impose; provided that the
                           Council, when considering an application in respect of a Caravan Park may, at its
                           sole and unhindered discretion allow itself to be guided by the South African
                           Bureau of Standard’s “Code of Practice for Caravan Parks” (SABS 092-1965), or
                           any subsequent Bylaw relating to Caravan Parks which Council may adopt. The
                           Council reserves the right to impose any part of parts or the whole of the said Code
                           or Bylaws as a condition of approval, in which case such Code or Bylaws, or parts



A96
      AMENDMENT 96 ON RESORT ZONE 1, COUNCIL RESOLUTION 3165, 15-03-94
  RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                      29


               thereof, shall be deemed to have the same force and effect as any provision of this
               Scheme and to be a part of this scheme.

3.2.10         ADDITIONAL PROVISIONS APPLICABLE TO PARKS FOR MOBILE HOMES

               The following provisions, conditions and restrictions shall, in addition to any other
               relevant provision of the Scheme, be applicable to all Parks for Mobile Homes
               within the area of the Scheme.

3.2.10.1       Approval for establishment of a Park for Mobile Homes

               Condition (1) of Clause 3.2.9 shall apply mutatis mutandis to the establishment of a
               Park for Mobile Homes.

3.2.10.2       Provision of Facilities

               Each Park for Mobile Homes shall be provided to the satisfaction of the Council
               with such internal roads, essential services, open space and communal facilities as
               may be required by the Council.

3.2.10.3       Additional Uses

               The Council may, at its sole discretion, on application, grant its approval to the
               establishment of:

               (i)    a shop, laundrette and/or place of amusement which is ancillary and incidental
                      to a Park for Mobile Homes and which exclusively serves such Park for
                      Mobile Homes;

               (ii)   a Dwelling Unit or Dwelling Units which is or are exclusively to be used for the
                      accommodation of employees of the Park for Mobile Homes; and

               (iii) Chalets;

               as an integral part of a Park for Mobile Homes development.

3.2.10.4       Temporary Uses

               The use of Park for Mobile Homes by a single Mobile Home or occupant or
               occupants of a Mobile Home or, subject to the provision of sub-clause 3.2.10.3 the
               occupant or occupants of a Chalet, or any representative of such occupant or
               occupants for a period in excess of three months in any twelve month period, shall
               be subject to the permission of the Council.

3.2.10.5       Design, Layout and other Standards

               The design, layout and other standards of the Park for Mobile Homes shall be to
               the satisfaction of the Council and subject to any such condition which the Council
               may impose, provided that the Council, when considering an application in respect
               of a Park for Mobile Homes may, at its sole and unhindered discretion allow itself
               to be guided by the South African Bureau of Standards - "Code of Practice for
               Mobile Home Parks" (SABS 0130 - 1976).

               The Council reserves the right to impose any part or parts or the whole of the said
               Standard Specification as a condition of approval or consent as the case may be,
               in which case such Standard Specification or parts thereof shall be deemed to
               have the same force and effect as any provision of this Scheme and to be a part of
               this Scheme.

3.2.11         ADDITIONAL PROVISIONS APPLICABLE TO ALL LAND WITHIN THE PRIVATE
               OPEN SPACE USE ZONE

               The following provisions, conditions and restrictions shall, in addition to any other
               relevant provision of the Scheme, be applicable to all land, and buildings thereon,
               within the Private Open Space Use Zone.
  RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                    30


3.2.11.1       Additional Uses

               The Council may, at its sole discretion, on application, grant its approval to the
               establishment of:

               (i)    a shop, laundrette and/or place of amusement which is ancillary and incidental
                      to a Private Club and which exclusively serves the members of such club and
                      which may be established on the site with the consent of the Council; and

               (ii)   a Dwelling Unit or Dwelling Units which is exclusively to be used for the
                      accommodation of club employees;

               as an integral part of Private Open Space development.

3.2.11.2       Prohibited Use

               Land within the Private Open Space Use Zone shall not be used for any purpose
               which, in the opinion of the Council would spoil, impair or waste such land for the
               purpose for which it is zoned.

3.2.11.3       Erection and Use of Buildings

               No building shall be erected or used on land within the Private Open Space Use
               Zone, other than a building which has received the approval of the Council and
               which is reasonably appropriate to the predominant use of the site of such building.

3.2.11.4       Fencing

               Nothing in this Clause 3.2.11 shall be construed as prohibiting the reasonable
               fencing of the land.

3.2.12         ADDITIONAL PROVISIONS APPLICABLE TO PARKING ERFS AND PARKING
               GARAGES

               The following provisions, conditions and restrictions shall, in addition to any other
               relevant provision of the Scheme, be applicable to all Parking Erfs and Parking
               Garages within the area of the Scheme.

3.2.12.1       Parking Erfs

3.2.12.1.1     Surfacing
               The surface of all areas used for parking of motor vehicles and access roads shall
               be hardened, and if required by the Council, paved or surfaced or sealed and
               maintained in a dust free condition to the satisfaction of the Council.

3.2.12.1.2     Access
               Points of ingress to and egress from Parking Erfs, from and to, respectively, the
               Public Street System shall be sited, constructed, paved and maintained to the
               satisfaction of the Council.

3.2.12.1.3     Dimensions and Layout
               The dimensions and layout of parking spaces on Parking Erfs shall conform to the
               minimum standards contained in Schedule 6, Part III of this Scheme.

3.2.12.2       Parking Garages

3.2.12.2.1     Standards
               All Parking Garages within the area of the Scheme shall conform to the standards
               and dimensions contained in Schedule 6, Part III of the Scheme.

3.2.12.2.2     Entrances and Exits
  RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                      31


               Entrances to and exits from all Parking Garages from and to, respectively, the
               Public Street System shall be sited, constructed, paved and maintained to the
               satisfaction of the Council.

3.2.12.2.3     Interior Lighting
               Parking Garages shall be provided with interior lighting to the satisfaction of the
               Council.

3.2.12.2.4     Fire Protection
               Precautions shall be taken against the outbreak of a fire and fire fighting apparatus
               shall be installed and maintained to the satisfaction of the Council.

3.2.13         ADDITIONAL PROVISIONS APPLICABLE TO ALL BUILDINGS AND LAND
               WITHIN THE GENERAL INDUSTRIAL AND/OR SERVICE INDUSTRIAL AND/OR
               RESTRICTED INDUSTRIAL USE ZONES AND TO ALL INDUSTRIES

               The following provisions, conditions and restrictions shall, in addition to any other
               relevant provision of the Scheme, be applicable to all buildings and land within the
               General Industrial and/or Service Industrial and/or Restricted Industrial Use Zones
               and to all Industries within the area of the Scheme.

3.2.13.1       Provision of Garden Reserves

               In respect of all Erfs within the General Industrial and Restricted Industrial Use
               Zones, an area, hereinafter referred to as a Garden Reserve, shall be provided.

               On all Erfs as aforesaid, the Garden Reserve shall:

               (i)    be parallel and contiguous to the full length of any boundary of such Erf
                      abutting on a street;

               (ii)   have a minimum width, measured in a horizontal plane and at right angles to
                      the segment of the street boundary on which it abuts, of

                      (a) 15,0 m in the case of a Erf of 4 ha or greater in extent; and

                      (b) 8,0 m in the case of a Erf of less than 4 ha in extent;

                      Provided that the foregoing minimum width may be varied in respect of any
                      Erf, subject to the approval of the Council and further subject thereto that the
                      area of a Garden Reserve of varying width shall not be less than the area of
                      the Garden Reserve which would have been provided had the minimum width
                      not been varied;

               (iii) within a period of two years from the date of occupation of buildings on a Erf
                     or of the commencement of manufacturing activities thereon, whichever is the
                     sooner, be developed and landscaped with lawns and gardens, at the cost of
                     the owner to the satisfaction of the Council, and shall thereafter be maintained
                     by the Owner at his cost to the satisfaction of the Council. In the event of
                     such development and maintenance not occurring to the satisfaction of the
                     Council, the Council may take remedial action as contemplated, mutatis
                     mutandis, in sub-clause 3.2.2.3; and



               (iv) not, under any circumstances, be used for one or more of the following
                    activities:

                      (a) stockpiling or storing of material or equipment;

                      (b) manufacturing activities of any form or nature whatsoever;

                      (c) dumping or disposal of rubbish, waste material or by-products;

                      (d) loading or off-loading of vehicles;
       RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                                  32


                                    (e) employee parking;

                                    (f)     the erection of fences, walls, security and other gates; or

                                    (g) the erection and use of buildings.

3.2.13.2                    Permission required for the provision of certain facilities within a Garden Reserve

                            The Council may grant its permission to the construction of the following within a
                            Garden Reserve:

                            (i)            buildings or structures of a purely decorative nature;

                            (ii)           paved or hardened surfaces for access roads for pedestrians or vehicles,
                                           provided further that the area so paved or hardened shall not exceed:

                                           (a) 50% of the area of the Garden Reserve on Erfs smaller than 4,0 ha;
                                               and

                                           (b) 25% of the area of the Garden Reserve on any Erf bigger than 4,0 ha.

                            (iii)          Parking areas for the exclusive use of visitors.

3.2.13.3                    Relaxation of Garden Reserve

                            The Council may subject to the provisions of Clause 5.1.1.3 grant its approval or
                            consent to the erection and use of a building or structure within any Garden
                            Reserve.

3.2.13.4                    Coverage in General Industrial and Restricted Industrial Use Zones

                            The permissible Coverage on any Erf or site in a General Industrial or Restricted
                            Industrial Use Zone shall not exceed 60%. Provided that, notwithstanding anything
                            to the contrary contained in this Scheme, the aforesaid permissible Coverage of
                            any such Erf or site which is 4 ha or greater in extent shall increase, at a ratio of a
                            2,5% increase for every whole hectare in excess of 4 ha, to a maximum of 75%.
                                                       A158
3.2.13.5                    Non-Industrial Uses

                            In respect of a site in the General Industrial, Restricted Industrial or Service
                            Industrial Use Zones, nothing in this Scheme contained shall prevent Council from:

                            (a) granting its permission or consent, as the case may be, in accordance with the
                                provisions of Clause 4 of this Scheme to the conduct of either 1) a staff
                                canteen (including an automated teller machine under special circumstances
                                and to the sole discretion of Council) by Council’s permission or 2) an ancillary
                                convenience facility (including an automated teller machine under special
                                circumstances and to the sole discretion of Council) by Council’s consent, per
                                property; provided:

                                    (i)     that in both cases the trade shall be restricted to the sale of take-away
                                            food, refreshments and other convenience goods;

                                    (ii)    that in the case of an ancillary convenience facility the gross total floor
                                            area shall be restricted to 50m2;

                                    (iii) that in the case of a staff canteen trade shall be restricted to persons
                                          actually employed on the property and no outdoor advertising shall be
                                          allowed; and

                                    (iv) that such ancillary convenience facility shall cease to exist in the event
                                         that the industrial concern upon the premises ceases to operate;

                            (b) nor shall anything in this Scheme contained prevent Council from granting its
                                approval or consent in accordance with the provisions of Clause 4 of this

A158
       AMENDMENT 158, COUNCIL RESOLUTION 1083, 25-03-98
      RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                                      33


                                    Scheme to the erection and use of the following within          the    said     use
                                    zones:

                                    (i)     large scale retail outlets which are incompatible with the vast majority of
                                            the types of shops normally found in Commercial Zones, but which fit in
                                            well in an Industrial Area (e.g. dealers in building material; firms dealing
                                            in wire, gates and fences; timber merchants and firms dealing in
                                            agricultural implements); or

                                    (ii)    retail outlets which deal very largely with other firms normally located in
                                            an Industrial Area such as specialist industrial concerns in the motor
                                            trade (e.g. motor spares shops and auto electrical specialists),
                                            construction and engineering firms (e.g. paint shops and firms dealing in
                                            engineering supplies); or

                                    (iii) retail outlets which:

                                            (a) are situated on the same site as the industrial activities concerned;

                                            (b) retail only products of the industrial activity to which they relate or
                                                products which are directly associated with the industrial activity;
                                                and

                                            (c) have a total floor area not exceeding 10% or 150 m², whichever is
                                                the lesser, of the total floor area of all buildings on the site;

                                          provided that there shall be only one shop for each industrial undertaking on
                                          the site.

                                    (iv) Offices and shops as defined in Schedule 3 and in accordance with the
                                         provisions of Schedule 4 “Use Zone Xlll: Service Industrial” Column 4
                                         and Schedule 6 Part ll; provided that this subclause 3.2.13.5(iv) shall only
                                         apply to Erven 7607, 7640, 7641, 7647, Krugerrand in Extension 23 as
                                         well as those properties in Extensions 8, 10, 23 and 24 which front onto
                                         the “Public Car Parks” on Erven 1765, 1987/Rem, 7660 and 7717, as
                                         indicated on Plan No. CBD/TP/P/129".

3.2.13.6                     Dwellings Prohibited

                             Except where specific provision is made therefore in this Scheme and saving that
                             the Council may approve of the erection and use of a single Dwelling Unit for the
                             exclusive use of a caretaker, no other Dwelling Unit of any description whatsoever
                             shall be erected or used or permitted to be erected or used on any Erf within the
                             General Industrial, Restricted Industrial or Service Industrial Use Zones.
                                                            A20 & A109
3.2.13.7                     Building Restriction Strip

                             All service industrial zoned erven located in Richards Bay Extension 23 and 24, are
                             notwithstanding any other provision of this scheme, subject to a 12 (twelve) metre
                             wide building restriction strip, as indicated on plans CBD/TP/P/86 and
                             CBD/TP/P/122 which shall serve as Annexure “A” to the scheme maps.

A108        AMENDMENT 108 ON SHOPS AND OFFICES (MIXED USE ZONE), COUNCIL RESOLUTION 126,
            25-09-1996
A158        AMENDMENT 158, COUNCIL RESOLUTION 1083, 25-03-98
                             The building restriction strip shall consist of the following parts:

                             (i)    a 5 (five) metre wide parking strip;

                             (ii)   a 6 (six) metre wide internal vehicle driveway; and

                             (iii) a 1 (one) metre wide pedestrian strip.


A20
      AMENDMENT 20 ON PARKING ARRANGEMENT, COUNCIL RESOLUTION 1567, 14-11-84
& A109
         AMENDMENT 109 ON SERVICE INDUSTRIAL ERVEN, COUNCIL RESOLUTION 307, 26-09-95
  RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                     34


3.2.13.7.1     Provision of Parking Strip
               The parking strip shall:

               (i)    be provided parallel and continuous along the full length of the boundaries of
                      such properties, adjacent to the relevant street, and shall be used for the
                      provision of 90 degree, uncovered parking spaces in accordance with Clause
                      5.2.1., read together with Schedule 6 part II of this scheme, and include
                      connections with the existing vehicular entrances and exits;

               (ii)   have a width of 5 (five) metres, measured in a horizontal plane and
                      rectangular to the existing street boundaries;

               (iii) be designed, built, demarcated, sealed, drained and maintained, to the
                     satisfaction of the Town Engineer, by the owner of a specific erf, before the
                     relevant erf or any building or any structure on the erf may be permanently
                     used or occupied;

               (iv) be finished off and maintained to the satisfaction of the Town Engineer by the
                    owner with an approved kerbing; and

               (v) be used exclusively for the provision of the sub-clause (i) above mentioned
                   uncovered parking spaces and no building, whether temporary or permanent,
                   shall be erected in the parking strip.

3.2.13.7.2     Internal Vehicle Driveway
               The internal vehicle driveway shall:

               (i)    be provided parallel and continuous along the full length of the street
                      boundaries of the relevant properties but immediately adjacent to the 5 (five)
                      metre parking strip and shall be used as uncovered manoeuvring space for
                      vehicles from the parking strip and shall furthermore serve as an internal
                      circulation area for vehicles, from as well as to adjacent erven;

               (ii)   have a width of 6 (six) metres, measured in a horizontal plane and rectangular
                      to the existing street boundaries;

               (iii) be designed, built demarcated, sealed, drained and maintained, to the
                     satisfaction of the Town Engineer, by the owner of a specific erf, before the
                     relevant erf or any building or any structure on the erf may be permanently
                     used or occupied;

               (iv) have no physical obstruction which will impede or prevent vehicular access to
                    or exit from adjacent erven;

               (v) to the satisfaction of the Town Engineer, link up with the internal vehicle
                   driveways of adjacent erven; and

               (vi) be used exclusively as uncovered manoeuvring area for vehicles as set out in
                    sub-clause (i) above, and no building whether temporary or permanent, shall
                    be erected in the internal vehicle driveway.

3.2.13.7.3     Pedestrian Strip
               The Pedestrian strip shall:

               (i)    be parallel to and continuous along the full length of the street boundaries of
                      the relevant properties but adjacent to the 6 (six) metre internal vehicle
                      driveway and shall primarily be used for safe pedestrian movement;

               (ii)   have a width of 1 (one) metre, measured in a horizontal plane and rectangular
                      to the existing street boundary and shall have a minimum vertical clearance of
                      3,0 (three comma zero) metres measured from the finished level of the
                      pedestrian strip;

               (iii) be designed, built, demarcated, sealed, drained and maintained to the
                     satisfaction of the Town Engineer, by the owner of a specific erf, before the
       RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                                  35


                                   relevant erf or any building or any structure on the erf may be permanently
                                   used or occupied; and

                            (iv) be separated from the internal vehicle driveway to the satisfaction of the Town
                                 Engineer.

3.2.13.7.4                  Insufficient Number of Parking Spaces in Parking Strip
                            Where a greater number of parking spaces must be provided, in terms of Schedule
                            6 Part II, than can be fitted into the parking strip, the additional parking spaces
                            shall, to the satisfaction of the Town Engineer, be provided on the property, barring
                            the internal vehicle driveway, subject thereto that:

                            (i)    the additional number of parking spaces shall be designed, sealed,
                                   demarcated, drained and maintained to the satisfaction of the Town Engineer;

                            (ii)   an alternative safe pedestrian strip shall, to the satisfaction of the Town
                                   Engineer, be provided to link up with the pedestrian strips of adjacent erven;
                                   and

                            (iii) the additional number of parking spaces shall, where the additional parking
                                  spaces are provided adjacent to the internal vehicle driveway, be designed,
                                  built, demarcated, sealed and maintained, identical to the parking spaces in
                                  the parking strip, to the satisfaction of the Town Engineer.

                                                                                               A109
3.2.13.7.5                  The Direction of Traffic flow on the Internal Vehicle Driveways
                            The Town Engineer may, at his sole discretion, prescribe the direction of traffic
                            flow on the internal vehicle driveways, in order to fit in with the traffic flow of streets
                            serving Richards Bay, Extensions 23 and 24.

                                            A40
3.2.13.7.6                  Hiring Service
                            Without prejudicing any powers of the Town Council in terms of any other
                            legislation, nothing will be interpreted in this scheme, inclusive of this sub-clause
                            3.2.13.8, to prohibit or limit the Town Council or to enable the Town Council to
                            prohibit or limit the following:

                            1.     The conducting of a hiring service/business from where goods or any other
                                   moveable property may be leased, which, in the sole opinion of the Town
                                   Council, are related to any land use type that has a primary right on a
                                   “General Industrial” or “Service Industrial” zoned property.

3.2.14                      ADDITIONAL PROVISIONS APPLICABLE TO DRIVE-IN THEATRES

                            The following provisions, conditions and restrictions shall, in addition to any other
                            relevant provision of the Scheme, be applicable to all Drive-in Theatres and the
                            Sites thereof within the area of the Scheme.

3.2.14.1                    Use

                            The use of the site shall be restricted to a Drive-in Theatre and a shop which is at
                            the sole discretion of the Council incidental and ancillary thereto carried out under
                            a Cafe and/or Restaurant Licence, provided that such business licence shall be
                            restricted to the hours of shows.

3.2.14.2                    Access

                            (i)    The junctions of roads to and from the Drive-in Theatre with the Public Street
                                   System shall be sited, constructed and maintained to the satisfaction of the
                                   Council; and



A109
       AMENDMENT 109 ON SERVICE INDUSTRIAL ERVEN, COUNCIL RESOLUTION 307, 26-09-95
A40
      AMENDMENT 40 ON HIRING SERVICE, COUNCIL RESOLUTION 2882, 30-06-87
  RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                      36


               (ii)   The Council may, if necessary, require that certain arrangements be made, at
                      the cost of the owner, for suitable access to the Drive-in Theatre and for the
                      control of traffic.

3.2.14.3       Services

               Essential public services shall be provided and maintained by the owner, at his
               cost, to the satisfaction of the Council.

3.2.14.4       Stacking Area

               A stacking area for motor vehicles shall be provided outside the viewing area to the
               satisfaction of the Council. Such area, which shall be within the same site as the
               Drive-in Theatre, shall provide stacking space for 50% of the maximum number of
               motor vehicles, that may be accommodated in the viewing area and shall be
               located before the ticket gates.

3.2.14.5       Layout

               Entrances to and exits from the site, internal and emergency roads, the number
               and position of parking bays, the position and structure of the screen and the
               position of all other buildings and structures on the site shall be to the satisfaction
               of and subject to the approval of the Council.

3.2.14.6       Screen

               The screen shall be so designed and located that the face thereof shall not be
               visible from any public street and the structure thereof shall be designed,
               constructed and maintained to the satisfaction of the Council so as to be wind
               resistant and safe.

3.2.14.7       Drainage

               The drainage of the site and arrangements and methods for the disposal of
               stormwater shall be to the satisfaction of the Council.

3.2.14.8       Fencing

               The whole premises of the Drive-in Theatre, other than points of entrance and exit,
               shall be enclosed with a screen wall, fence or other enclosing device of not less
               than 1,80 metres in height, to the satisfaction of the Council.

3.2.14.9       Lighting

               Lighting shall be provided and maintained on the premises for the safe movement
               and control of traffic to the satisfaction of the Council.

               Such additional lighting as the Council may deem necessary to facilitate safety,
               movement and control of traffic to and from the Drive-in Theatre Site, shall be
               provided at the cost of the owner.

3.2.14.10      Advertising

               No advertising, visible from beyond the boundaries of the site, shall be displayed
               on fences, Council’s or other structures provided that the Council may permit the
               display of advertisements of an approved size indicating the existence of the
               Drive-in Theatre, the programme being shown and coming attractions.

3.2.14.11      Protective Measures

               (i)    Prior to the construction of the Drive-in Theatre such plans, drawings and
                      other documents as may be required by the Council to give effect to the
                      provisions of this Clause 3.2.14, shall be submitted to the Council for
                      approval.
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                (ii)   In the event of bona fide construction of the Drive-in Theatre not being
                       commenced within twelve months of the date of approval required in terms of
                       this Clause 3.2.14 and such construction not being completed within twelve
                       months of the date of commencement, such approval will expire.

3.2.15          ADDITIONAL PROVISIONS APPLICABLE TO ALL COMMERCIAL BUILDINGS

                The following provisions, conditions and restrictions shall, in addition to any other
                relevant provision of the Scheme, be applicable to all Commercial Buildings and
                the sites thereof within the area of the Scheme.

                (i)    Any Arcade and/or Mall, forming part of a Commercial Building or the site
                       thereof shall have an unobstructed width of not less than 7,0 metres and shall
                       be sited, designed, developed and maintained to the Satisfaction of the
                       Council;

                (ii)   The Council may, in accordance with the provisions of either Clause 4.3 or
                       Clause 4.4 and only under exceptional circumstances herein specified,
                       authorise the development of an Arcade and/or Mall with an unobstructed
                       width of not less than 4,0 metres. In considering an application for such
                       authorisation, the Council shall have due regard to any possible detrimental
                       effect on adjoining Buildings, Erfs or Sites and the amenity of the
                       neighbourhood; and

                (iii) The aforementioned exceptional circumstances shall comprise, exclusively,
                      circumstances which in the opinion of the Council will render the development
                      of an Arcade and/or Mall unreasonably difficult on account of the siting of
                      already completed buildings or the shape, size and levels of the Erf or site or
                      the nature and design of proposed buildings.

                For the purpose of this Clause, a Commercial Building shall mean a building
                containing any one or more of the buildings defined in this scheme as shop, office
                building, laundrette, commercial workshop, service workshop and/or automotive
                showroom.

3.3             FLOOR AREA RATIO, COVERAGE AND HEIGHT

3.3.1           MAXIMUM PERMISSIBLE FLOOR AREA RATIO AND COVERAGE

                The maximum Permissible Floor Area Ratio and maximum Permissible Coverage
                to which any building may be erected, extended or rebuilt, shall be as specified in
                Schedule 4; provided that the Council may, when considering an application for
                either its approval or consent, as the case may be, in respect of Buildings included
                in Column 4 of Schedule 4, stipulate a lesser Floor Area Ratio, Coverage or Height
                than that indicated in the said column of the said Schedule.

3.3.2           PROPORTIONAL FLOOR AREA RATIO AND COVERAGE

                Where different building and land use types are permitted on any one site and a
                building or buildings on such site is or are designed, intended for use or used for
                more than one such building or land use types, the maximum Permissible
                Coverage in respect of such site and each use thereon shall be a proportional
                Floor Area Ratio and a proportional Coverage respectively, calculated as indicated
                below:

                Proportional Floor Area Ratio calculation

3.3.2.1         The proportional Floor Area Ratio in respect of any one of two or more uses shall
                be Nx X FARx;

                where N represents the percentage of the total Floor Area used or intended to be
                used for any particular use x, being one of two or more uses; and

                FARx represents the maximum permissible Floor Area Ratio in respect of such
                particular use x.
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3.3.2.2         The total proportional Floor Area Ratio in respect of a site to be used for two or
                more uses shall be  (Nx X FARx).

3.3.2.3         Example

                Assume a building, the total Floor Area of which comprises 60% Dwelling Units,
                30% offices and 10% shops situated in a Use Zone where the maximum
                permissible Floor Area Ratio for Dwelling Units, offices and shops is 2,0; 1,0 and
                2,0 respectively.

                Percentage of Floor Area used for:
                Dwelling Units = 60% = N1
                Offices          = 30% = N2
                Shops            = 10% = N3
                Maximum permissible Floor Area Ratio in respect of:
                Dwelling Unit = 2,0 = FAR1
                Office           = 1,0     = FAR2
                Shops            = 2,0     = FAR3
                Proportional Floor Area Ratio in respect of:
                Dwelling = N1 x FAR1 = 60/100 x 2,0 = 1,2 Units
                Offices   = N2 x FAR2 = 30/100 x 1,0 = 0,3
                Shops     = N3 x FAR3 = 10/100 x 2,0 = 0,2
                The site used for Dwelling Units, Shops and Offices
                =  (Nx x FARx)
                = (N1 x FAR1) + (N2 x FAR2) + (N3 x FAR3) 0r
                Total Proportional Floor Area Ratio in respect of the site
                = 1,2 + 0,3 + 0,2
                = 1,7

3.3.3           HEIGHT

                No building shall be erected, extended or rebuilt so as to exceed the maximum
                Height specified for such building in Schedule 4.

                Provided that where different building and land use types are permitted on any one
                site, the maximum permitted height shall be the greater of the various heights
                permitted for the various component uses.

3.4             SUBDIVISION AND CONSOLIDATION

3.4.1           APPROVAL REQUIRED FOR SUBDIVISION OR CONSOLIDATION OF LAND

                No person shall, within the area of the scheme, subdivide or consolidate, or cause,
                permit or authorise to be subdivided or consolidated, any Land, without the prior
                Approval of the Town Council.

3.4.2           CONVERSION OF APPLICATION FOR APPROVAL TO APPLICATION FOR
                CONSENT

                On receipt of any application for approval of the Town Council to the subdivision or
                consolidation of land and where it is deemed by the Town Council to be in the
                public interest to do so, the Town Council shall require that its consent in lieu of its
                approval to such application be sought.

3.4.3           CONSIDERATIONS
      RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                             39


                           When considering an application for the subdivision of land the Town Council shall,
                           inter alia, take the potential effect of the proposed subdivision on the character and
                           amenity of the neighbourhood into consideration, with special reference to:

                           (1) the purpose, need and desirability of the proposal;

                           (2) the prevailing and proposed use of land in the neighbourhood, including the
                               average sizes of Erfs or other subdivisions in the vicinity;

                           (3) the volume and nature of traffic likely to be generated by the proposal and the
                               effect of such traffic on the public street system;

                           (4) the effect of the proposal on the existing sewerage system and on the existing
                               water and electricity supply system;

                           (5) matters as contemplated, mutatis mutandis, in section 16 (1) of the
                               Ordinance; and

                           (6) any other matter which the Town Council may consider relevant.

3.4.4                      TOWN COUNCIL TO REFUSE CERTAIN APPLICATIONS

                           The council shall refuse an application for approval, as the case may be, to the
                           subdivision or consolidation of land which:

3.4.4.1                    Constitutes an evasion of the intent and purpose of the Ordinance, as contemplated
                           in Section 35 of the Ordinance;

3.4.4.2                    Would result in the permissible Coverage and/or Floor Area Ratio under the
                           Scheme being exceeded, or is in conflict with any provision, whether explicit or
                           implicit, of the Scheme;

3.4.4.3                    Is in conflict with any policy of the Council regarding subdivisions and
                           consolidations, provided that the Council shall have made such policy public;

3.4.4.4                    In the opinion of the Council would have an adverse effect on the health, safety,
                           good order, amenity or convenience of the neighbourhood; and

3.4.4.5                    In the opinion of the Council, is in conflict with the public interest.

                           Provided that:

                           this Clause 3.4.4 shall not be construed as inhibiting or restricting the power of the
                           Council to refuse an application for any other reason whatsoever.

3.4.5                      SUBDIVISIONAL STANDARDS

3.4.5.1                    Access

                           Land within the area of the Scheme shall not, except where it is deemed by the
                           Council to be in the public interest to do so, be subdivided in any way or manner
                           whatsoever so as to deprive any subdivided portion of land direct vehicular access
                           to the Public Street System.

3.4.5.2                    Minimum area of subdivision

                           Land within the area of the Scheme shall not, except with the approval of the
                           Council, and then subject to any relevant provision of the Scheme, be subdivided
                           in any way or manner whatsoever so as to create a site of a building, or a site for a
                           potential building of less extent than any minimum prescribed in terms of the
                           Scheme.
                                                      A41
3.4.5.3                    Minimum street Frontage


A41
      AMENDMENT 41 ON MINIMUM STREET FRONTAGE, COUNCIL RESOLUTION 405,26-7-88
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                Except under special circumstances, the minimum frontage for all Erfs shall be 18
                metres and the width of the access way for a hatched shaped Erf shall be a
                minimum of 4 metres throughout its length. Where a Erf is of an irregular shape or
                occurs in a cul de sac or change in road direction, the frontage on the street may,
                with the authority of Council, be less than 18 metres, provided that the site ratio of
                the Erf is in conformity with the ratio provision as set out in Clause 3.4.5.4. and
                provided also that the street frontage is not less than 4 metres.

3.4.5.4         Site Ratio : Street Frontage to Depth

                (i)    The ratio of street frontage to depth of a site shall be to the satisfaction of the
                       Council and shall not exceed a ratio of 1:3 except under special
                       circumstances related to topographical or layout consideration or the shape of
                       the Erf.

                (ii)   A site of irregular shape shall be capable of containing within its boundaries a
                       rectangle, the ratio between the width and length of which shall not be less
                       than 1:3 and which shall have an area of at least 50% of such Site, or the
                       minimum prescribed area of a Site, whichever is the greater.

3.4.5.5         "Panhandle" or "Hatchet-Shaped" Subdivisions

                Where the sole vehicular ingress to or egress from any subdivided portion of land
                or proposed subdivided portion of land from or to respectively, the Public Street
                System is, or is intended to be via an access strip or access road forming part of
                such subdivided portion of land as is the case in so-called "Panhandle" or
                "Hatchet-shaped" Erfs, shall:

                (i)    the area of the Site, for the purpose of the Scheme, not include the area of
                       such access strip or road;

                (ii)   such access strip or road not exceed 35 metres in length, provided that the
                       Council may, under exceptional circumstances, and at its sole discretion
                       approve of a maximum length in excess of 35 metres;

                (iii) such access strip or road giving access to the site, have a minimum width of
                      not less than 4 metres, provided that on any application before it, the Council
                      may require a greater width than the minimum herein prescribed;

                (iv) the average width of such site, measured to the satisfaction of the Council, be
                     deemed to be the street frontage of such Site; and

                (v) the access strip or road at all times be kept in a dust free condition and be
                    maintained to the satisfaction of the Council; provided that, if so required by
                    the Council, such access strip or road shall be hardened, surfaced or paved to
                    the satisfaction of the Council.

3.5             EXISTING USES

3.5.1           CONTINUED USE OF AN EXISTING USE

3.5.1.1         Existing Use other than a Non-Conforming Use

                An Existing Use which is not a Non-Conforming Use may, subject to the provision
                of the Scheme and further subject, mutatis mutandis, to the provisions of Section
                47 (1) bis and Section 67 of the Ordinance, be continued subsequent to the date
                on which such use became an Existing Use.

3.5.1.2         Non-Conforming Uses

                A Non-Conforming Use may be continued as if it were an Existing Use, provided
                that a Non-conforming Use shall be further subject to the provisions of Clauses
                3.5.2; 3.5.3 and 3.5.4 hereof.

3.5.2           EXTENSION OR REPLACEMENT OF A NON-CONFORMING USE
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                A Non-Conforming Use may, with the approval of the Council, only:

3.5.2.1         Be Increased On Its Site:

                (i)     by an area not greater than 12,5% of its total Floor Area (as on the date on
                        which such Use became a Non-Conforming Use); or

                (ii)    by an area not greater than 12,5% of its total area (as on the date on which
                        such use became a Non-Conforming Use) in the case of land which did
                        not involve a Building on such date;

                whichever is the lesser.

3.5.2.2         Be demolished and replaced on the same Erf by a new building which is intended to
                be used for the same purpose or any purpose of substantially similar character as
                that for which it was being used on the effective date and which is in the opinion of
                the Council not more detrimental to the amenities of the area in which it is situated.
                Provided that the Floor Area of the proposed new building shall not exceed the
                Floor Area of the existing building.

                Provided that such aforesaid approval shall have been applied for within a period
                of two years from the date on which such Non-Conforming Use first became a
                Non-Conforming Use or from the date of adoption of any provision of the Scheme
                which in effect caused such Use to become a Non-Conforming Use, as the case
                may be; and provided further that any increase, replacement or extension of a
                Non-Conforming Use carried out under such approval, shall have been acted upon
                to the satisfaction of the Council within a period of eighteen months from the date
                on which such approval came into effect as contemplated in Clause 4.6.2. Failing
                an application for the approval of the Council to the increase, replacement or
                extension as the case may be for a Non-Conforming Use, within the aforesaid
                period of two years or failing the completion of such increase or extension, within
                the aforesaid period of eighteen months, such Non-Conforming Use shall not,
                under any circumstances be permitted to be increased, replaced or extended,
                other than in accordance with any and all of the provisions of this Scheme; nor
                shall any compensation be due in respect of the lapsing of any alleged right to
                increase or extend a Non-Conforming Use under the foregoing circumstances.

3.5.3           LAPSING OF A NON-CONFORMING USE

                A Non-Conforming Use shall lapse, cease to be valid and be deemed to be
                terminated without the necessity of payment, by the Council, of any compensation
                in any manner or form whatsoever in the event of:

3.5.3.1         Such Non-Conforming Use being discontinued for a continuous period of eighteen
                months or more at any time after which such use first became a Non-Conforming
                Use;

3.5.3.2         Any Approval in respect of an increase, replacement or extension of a
                Non-Conforming Use given in terms of sub-clause 3.5.2 ceasing to be valid or
                being rendered void in terms of Clause 4.7.2; or

3.5.3.3         Such Non-Conforming Use constituting a breach of any law other than the Scheme.

                Provided that in any proceedings in which it is alleged that a Non-Conforming Use
                has lapsed or has been terminated, as in herein provided for, such allegations shall
                be presumed to be correct until the contrary is proved.

3.5.4           COMPENSATION UPON TERMINATION OF A NON-CONFORMING USE

                Except where the Council expressly rules to the contrary, it shall be an implicit
                condition of every approval in terms of sub-clause 3.5.2, whether expressed in
                such approval or not, that the Council shall not be liable for and shall be exempt
                from the payment of compensation in respect of any work, activity, increase or
                extension whatsoever, undertaken under authority of an approval granted in terms
  RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                    42


               of Clause 3.5.2 upon termination or lapsing of a Non-Conforming Use, as
               contemplated in Clause 3.5.3.

3.5.5          APPEAL IN THE CASE OF CERTAIN EXISTING USES

               Where a building or structure is being used for the same purpose or a similar
               purpose to that for which it was being used at the effective date and such use has
               been continuous and has not lapsed or been terminated as contemplated in
               Clause 3.5.3 and it is proposed to replace the said building or structure or erect an
               extension to the said building or structure which replacement or extension is also
               to be used for the same purpose as such building or structure and is otherwise
               lawful in terms of any other law and the Council, under this Scheme, refuses its
               permission, approval or consent, as the case may be, for the replacement of such
               building or structure or the erection of such extension on the grounds that its use
               would contravene those provisions of this Scheme relating to the use of land and
               buildings or structures and which restrict the manner in which buildings may be
               used, any person aggrieved by such refusal may, within twenty eight calendar days
               of being notified of such refusal, or within such longer period as the Appeal Board
               may allow, appeal to the Appeals Board.
     RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                       43


CLAUSE FOUR

4.                PERMISSIONS, APPROVALS AND CONSENTS OF THE COUNCIL

4.1               INTERPRETATION
                  Where in this Scheme, provision is made for the granting by the Council of its
                  Permission, Approval or Consent, the interpretations hereinafter assigned to those
                  words shall apply, provided that the Council may, in respect of any application for
                  its Permission in terms of the Scheme require that its Approval or Consent either in
                  whole or in part, be sought; and, in respect of any application for its Approval
                  require that its Consent, either in whole or in part, be sought.

4.1.1             "Permission"

                  "Permission" of the Council shall mean the granting of application in terms of
                  Clause 4.2 of this Scheme.

4.1.2             "Approval"

                  "Approval" of the Council shall mean the granting of application in terms of Clause
                  4.3 of this Scheme.

4.1.3             "Consent"

                  "Consent" of the Council shall mean the granting of an application in terms of this
                  Scheme after compliance and in accordance with the provisions of Clause 4.4 of
                  this Scheme.

4.2               APPLICATION FOR THE PERMISSION OF THE COUNCIL
                  A person desiring any Permission of the Council shall apply therefore in writing to
                  the Town Clerk in the form which may from time to time be prescribed, provided
                  that except where the Council may otherwise require, ordinary Application and
                  Approval under the bylaws shall be deemed sufficient Permission of the Council.

4.3               APPLICATION FOR THE APPROVAL OF THE COUNCIL
                  A person desiring any Approval of the Council shall apply therefore in writing to the
                  Town Clerk in the form which may from time to time be prescribed, and such
                  Application shall, where necessary, be accompanied by:

4.3.1

                  two copies of a memorandum explaining the application and the reasons therefore;
                  and

4.3.2

                  (i)    a conveyance’s certificate to the effect that the Application is not contrary to
                         any relevant condition of title; or

                  (ii)   a certified copy of the most recent Title Deed in respect of all land included in
                         the Application; and

4.3.3

                  any other map, drawing, plan, document or any other particulars that may be
                  required by the Council.

4.4               APPLICATION FOR THE CONSENT OF THE COUNCIL

4.4.1             Advertisement Of Application
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                       A person intending to make Application to the Council for the Consent of the
                       Council, whether wholly or partially, to any matter or for any purpose requiring such
                       Consent in terms of this Scheme shall, before making such Application,
                       simultaneously and at his own expense:

4.4.1.1                Publish such notice as is prescribed in sub-clause 4.4.2.1 in Zulu, English and in
                       Afrikaans respectively in a newspaper approved by the Council and circulating
                       within the area of the Scheme, provided that such newspapers circulated within the
                       Lower Umfolozi Magisterial District shall receive preference over those circulated
                       elsewhere and provided further that in the absence of a newspaper in one or other
                       of the said official languages being circulated in the said Magisterial District,
                       Council may condone the publication of the aforesaid notices in any newspaper
                       circulated in the said Magisterial District.

                       Provided that, in circumstances where, prior to publishing such notice, the
                       applicant provides Council with written consent for the application from those
                       property owners and/or any other interested and affected parties who, in the
                       opinion of Council, are likely to be affected by the Application, Council may, at its
                       sole discretion, exempt the applicant from the provisions of Clause 4.4 and may
                       consider the application in terms of Clause 4.3. The onus shall be upon the
                       applicant to inquire of Council on which owners and/or other interested and
                       affected parties such notice is to be served.

4.4.1.2                Post and maintain to the satisfaction of the Council, one or more notices as are
                       prescribed in sub-clause 4.4.2.2:

                       (i)    For a period of not less than twenty one days, calculated from the date of
                              publication as contemplated in sub-clause (1) above;

                       (ii)   on each separate portion of land in respect of which application is made, so
                              as to be visible from a public street or road, or other conspicuous position as
                              may be required by the Council.

4.4.1.3                Serve, by registered post or by hand with clear proof of delivery, a notice as is
                       prescribed in sub-clause 4.4.2.1 on the owners of all properties who, in the opinion
                       of the Council are likely to be effected by the Application. The onus shall be upon
                       the applicant to inquire of the Council whether or not notices are to be served on
                       owners, and if required, on which owners such notice is to be served.

4.4.1.4                Submit to the Town Clerk notices as prescribed in sub-clause 4.4.2.1 together with
                       copies of all relevant maps, drawings, documents and other particulars in respect of
                       the application. Upon receipt thereof the Town Clerk shall cause such notice or
                       copy thereof to be displayed on a public notice board at the offices of the Council
                       and further shall keep open for inspection by the public, at such offices, at all
                       reasonable times during the period prescribed in sub-clause (2) above a copy of
                       any map, drawing, plan, document or other particular necessary to explain the
                       Application and the purpose thereof.

A158      AMENDMENT 158, COUNCIL RESOLUTION 1083, 25-03-98

4.4.2                  FORM OF PRESCRIBED NOTICES

4.4.2.1                A notice required under sub-clauses 4.4.1.1, 4.4.1.3 and 4.4.1.4 shall:

                       (i)    contain the name, address and capacity of the applicant;

                       (ii)   contain a clear description of all land in respect of which application is made
                              as well as the name of the owner thereof, both as registered in a Deeds
                              Registry;

                       (iii) describe the specific purpose and nature of the Application;

                       (iv) state the address where the Application is open for inspection in terms of sub-
                            clause 4.4.1.4;
   RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                     45


                (v)    call on all persons who wish to object or make representation in respect of the
                       Application to submit written objections or representations together with the
                       grounds thereof, in duplicate to both the Town Clerk and the applicant, within
                       a period as specified in Clause 4.4.4; and

                (vi) contain such other information as the Town Clerk may, from time to time,
                     deem necessary.

4.4.2.2         A notice required under sub-clause 4.4.1.2 shall:

                (i)    contain identical particulars as a notice in terms of sub-clause 4.4.2.1;

                (ii)   be not smaller than 620mm by 450mm and any letter thereon shall not be
                       smaller than 7mm in height; and

                (iii) be not less than one metre and not more than 2 metres above ground level.

4.4.3           SUBMISSION OF APPLICATION FOR THE CONSENT OF THE COUNCIL

                Within seven days of the expiry of the period in which objections or representations
                may be made (as is prescribed in Clause 4.4.4), a person intending to make
                application for the consent of the Council shall submit such written application to
                the Town Clerk, together with:

4.4.3.1         two copies of a memorandum explaining the Application and stating the reasons
                why the applicant considers the Application necessary and desirable in relation to
                the Town Planning Scheme and development in the area;

4.4.3.2         a certified copy of the most recent Title Deed in respect of all land included in the
                Application;

4.4.3.3         if the applicant so desires, a memorandum, in duplicate, containing the applicant's
                comments in respect of any objection or representation received by himself;

4.4.3.4         proof, in the form of an affidavit, that notices as contemplated in sub-clauses
                4.4.1.2 and 4.4.1.3 were served;

4.4.3.5         proof, to the satisfaction of the Council, that notices as contemplated in sub-clause
                4.4.1.1 was published;

4.4.3.6         in respect of an application where:

                (i)    the applicant is a person other than the registered owner, the written consent
                       of the registered owner or his authorised agent;

                (ii)   the applicant is an agent or attorney of the owner or occupier, a power of
                       attorney authorising such agent or attorney to act on behalf of the owner or
                       occupier;

                (iii) the land is held under joint ownership, the written consent of each owner;

                (iv) the owner is a partnership, the written consent of all partners;

                (v)    the owner is a company, a certified copy of the resolution authorising the
                       Application;

                (vi) the land or building, as the case may be, in respect of which the application is
                     made, being subject to a mortgage bond or other registered real right, the
                     written consent of the mortgagee or holder of any such registered real right.

4.4.3.7         Any other document, plan, map, drawing or other particulars which the Council may
                deem necessary. The onus shall be upon the applicant to enquire of the Council
                whether or not such other particulars are deemed necessary.

4.4.4           SUBMISSION OF OBJECTIONS OR REPRESENTATIONS
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4.4.4.1         Any person desirous of objecting to or making representations in respect of an
                Application for the consent of the Council shall, within a period to be determined by
                the Council, such period being not less than twenty one days from the date of
                publication as contemplated in sub-clause 4.4.1.1 lodge such objection or
                representation, setting out the full grounds of objection or representation, in writing
                and in duplicate, with both the Town Clerk and the applicant.

4.4.4.2         Any such objection or representation shall contain the full postal and residential
                names and addresses of the signatories and identify a principal for the purpose of
                sub-clause 4.4.5.

                Any such objection or representation reaching the Town Clerk after expiry of the
                aforesaid period, shall be considered null and void; provided that the Council may
                condone receipt of a late objection or representation in the event of:

                (i)    application for such condonation being received by the Town Clerk within
                       such aforesaid period; and

                (ii)   the Council being satisfied that the submission of such objection or
                       representation within such aforesaid period is impracticable.

4.4.5           HEARING OF AN APPLICATION

                Within seven days of expiry of the period in which objections or representations
                may be lodged (as contemplated in sub-clause 4.4.4) the applicant or any person
                who lodged a valid objection or representation may request that a hearing before
                the Council, in respect of the Application, be held, or the Council may, on its own
                initiative, hold such hearing.

                The Council may, at its sole discretion, assent to such aforesaid request, in which
                case the Council shall fix a day, time and place for such hearing of the Application,
                objections and representations and shall notify the applicant and such persons who
                lodged valid objections and representations thereof. Where an objection or
                representation is signed by more than one person, it shall be sufficient to notify
                only the principal as identified in terms of sub-clause 4.4.4.2 thereof. The Council
                may nominate a committee or designate officials to appear on its behalf at such
                hearing.

                Any person who is an applicant or who lodged a valid objection or representation or
                other person who may, at the sole discretion of the Council, contribute to such
                hearing, may at such hearing state the ground for any such application, objection
                or representation or authorise a representative to do so.

4.5             CONSIDERATION OF AN APPLICATION FOR THE PERMISSION, APPROVAL
                OR CONSENT OF THE COUNCIL

4.5.1           COUNCIL NOT TO CONSIDER INFORMAL APPLICATIONS

                An Application for any Permission, Approval or Consent of the Council which is not
                in compliance or conformity with the prescriptions and provisions of this Clause 4,
                shall be deemed to be an informal Application and shall not be considered by the
                Council in terms of the Scheme.

4.5.2           COUNCIL TO COME TO A DECISION

4.5.2.1         When considering an Application for its Permission, Approval or Consent, the
                Council shall also consider any written objection or representation received by the
                Town Clerk within the period prescribed in Clause 4.4.4 and any evidence which
                may have been laid before it at a hearing as contemplated in terms of Clause 4.4.5
                and shall come to a decision as contemplated in terms of Clause 4.5.3.

4.5.2.2         The Council shall come to a decision on an Application for its Permission, Approval
                or Consent within two months of the date of receipt of such Application, hereinafter
                referred to as the Date of Application.
   RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                       47


                Provided that in the event of:

                (i)    the Council requiring that an Application for its Permission or Approval be
                       converted into an Application for either its Approval or Consent as the case
                       may be as is provided for in terms of Clause 4.1, the date of receipt of such
                       last mentioned required Application shall be deemed to be the Date of
                       Application;

                (ii)   a hearing as contemplated in terms of Clause 4.4.5 being held, the date of
                       such hearing shall be deemed to be the Date of Application; or

                (iii) agreement being reached between the Council and the applicant, the period
                      in which the Council shall come to a decision may be extended.

4.5.2.3         Failure of the Council to come to a decision on a particular Application within the
                herein prescribed period shall be deemed to be a refusal of the Application in terms
                of sub-clause 4.5.3.3.

4.5.3           NATURE OF A DECISION OF THE COUNCIL

                Upon consideration of an Application for the Permission, Approval or Consent of
                the Council, the Council shall be competent to:

4.5.3.1         Grant such Application:

                (i)    either wholly or in part;

                (ii)   with or without modification; and

                (iii) subject to any condition which the Council may deem fit to impose, provided
                      that it shall be within the authority of the Council to specify a limited period
                      within which its Permission, Approval or Consent will be valid, and upon
                      expiry of which will lapse.

4.5.3.2         Defer a decision as contemplated mutatis mutandis in Section 67 bis (5) of the
                Ordinance.

4.5.3.3         Refuse Such Application.

                Provided that:

                The Council shall refuse an Application for its Permission, Approval or Consent
                where, in the opinion of the Council, the granting of such Application would
                constitute an evasion of the intent and purpose of the Scheme.

4.6             COMING INTO EFFECT OF A DECISION OF THE COUNCIL

4.6.1           NOTIFICATION OF DECISION

                The applicant and objectors (if any) shall be notified, by registered post, of the
                Town Council's decision within fourteen days of the Council having taken its
                decision. In the case of joint objectors, if there is no indication given of the address
                to which the decision should be sent, the decision shall be sent to the address of
                any signatory.

4.6.2           DATE OF COMING INTO EFFECT OF A DECISION OF THE COUNCIL

                A decision of the Council in terms of Clause 4 shall come into effect on the date of
                notification as contemplated in Clause 4.6.1, provided that where any objection has
                been received in terms of Clause 4.4.4 the decision of the Council shall not take
                effect until the expiration of twenty eight calendar days from the date on which the
                applicant and any objectors were notified of the decision of the Council. Provided
                further that where the applicant or any objector has given notice of his intention to
                appeal, the decision of the Council shall not take effect until the appeal has been
                disposed of and then shall be subject to the outcome of such appeal.
       RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                            48


4.7                         RENDERING VOID OF A PERMISSION, APPROVAL OR CONSENT ONCE
                            GRANTED

4.7.1                       NON-COMPLIANCE WITH ANY CONDITION OF A PERMISSION, APPROVAL
                                       A158
                            OR CONSENT

                            Any failure to comply or conform to any condition or requirement imposed by the
                            Council in granting its Permission, Approval or Consent or in terms of Clause 4.9
                            shall constitute a contravention of the Scheme and such Permission, Approval or
                            Consent shall be rendered void and of no force and effect upon service of a notice
                            to such effect under the hand of the Town Clerk.

4.7.2                       FAILURE TO IMPLEMENT OR CONTINUE A PERMISSION, APPROVAL OR
                            CONSENT OF THE COUNCIL

                            The Council's Permission, Approval or Consent to any matter, action or thing
                            whatsoever in terms of the Scheme, shall lapse, cease to be valid and be rendered
                            void in the event of:

4.7.2.1                     such Permission, Approval or Consent not being acted upon to the satisfaction of
                            the Council within a period of eighteen months form the date of coming into effect
                            thereof; or

4.7.2.2                     any use, matter, action or other thing for which such Permission, Approval or
                            Consent was granted being, in the opinion of the Council, discontinued for a
                            continuous period for eighteen months or more.

4.8                         CONFLICT BETWEEN A PERMISSION, APPROVAL OR CONSENT AND ANY
                            OTHER LAW
                            No Permission, Approval or Consent of the Council granted in terms of this
                            Scheme shall be deemed to absolve any person from due compliance with any
                            appropriate provision of the Scheme, any condition registered against a relevant
                            Title Deed or from the observance of any law, ordinance, bylaw or regulation which
                            may, from time to time, be effective within the area of the Scheme.

4.9                         RELEVANCE OF THE PROVISIONS OF THE SCHEME TO PERMISSIONS,
                            APPROVALS AND CONSENTS
                            Any and all of the conditions and restrictions contained in this Scheme which may
                            be relevant or applicable to the erection and/or use of a building or buildings or to
                            the use of land conducted or otherwise carried out in terms of authority of a
                            Permission, Approval or Consent of the Council in terms of this Scheme shall,
                            except where the Council has, in accordance with the provisions of this Scheme,
                            expressly relaxed or waived such condition or restriction, be deemed to be a
                            condition subject to which such Permission, Approval or Consent, as the case may
                            be, is granted.

4.10                        APPEAL AGAINST A DECISION OF THE COUNCIL
                            Any person who is an applicant or who submitted a written objection or
                            representation as contemplated in Clause 4.4.4 and who is aggrieved by any
                            decision of the Council given in terms of Clause 4.5.3 may, subject mutatis
                            mutandis to the provisions of Section 67 ter of the Ordinance, lodge an appeal
                            against such decision. Provided that there shall be no appeal against any other
                            decision of the Council in terms of this Clause 4, or of a decision of the Council
                            taken in terms of a bylaw.

4.11                        THE COUNCIL AS APPLICANT
                            Where the Council is prevented from making Application to itself in terms of
                            subsection 67 bis (6) of the Town Planning Ordinance, 1949, as amended,
                            Application may be made, by the Council, for the Consent of the Administrator as

A158
       AMENDMENT 158, COUNCIL RESOLUTION 1083, 25-03-98
RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                               49


             contemplated mutatis mutandis in the Regulations in terms of the said Ordinance
             as published under Provisional Notice No. 672/1958 dated 5 December 1958, as
             may be amended from time to time, and such consent of the Administrator shall be
             deemed to be in lieu of any required Consent of the Council.
       RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                                50


CLAUSE FIVE

5.                           PROVISION OF AMENITIES AND FACILITIES

5.1                          BUILDING LINES AND SIDE AND REAR SPACES

5.1.1                        BUILDING LINES

5.1.1.1                      Observance of Building Lines

                             Where a Building line on any existing or proposed Street or Street Widening
                             Boundary, Rear Boundary, Side Boundary or other Cadastral Boundary is shown
                             on a relevant Scheme map or is otherwise determined in this Scheme, no building
                             or structure whatsoever shall be erected on land between such Building Line and
                             boundary.

                             Provided that:

                             (i)    Boundary walls, screen walls, fences, ornamental features and the like may
                                    be erected between a Building Line and a Street Boundary with the
                                    permission of the Council;

                             (ii)   Where Commercial Buildings are set back to conform to a Building Line on a
                                    Street Boundary no goods, merchandise, wares, vehicles or other obstruction
                                    shall be placed, deposited, kept or displayed on the area between the Street
                                    Boundary and such Building Line, provided further that the Council may
                                    permit the parking of vehicles or an open air cafe or restaurant in accordance
                                    with a plan approved by the Town Council and that the herein contained
                                    prohibition shall not apply to the temporary placing or depositing of goods,
                                    merchandise or wares in the course of transporting the same into or out of
                                    such Commercial Buildings;

                             (iii) The building line on a street boundary shall, in the case of service industrial
                                   zoned erven in Richards Bay, Extension 23 and 24, correspond with Plans
                                   CDB/TP/P/86 and CDB/TP/P/122 which will serve as Annexure A to the
                                   Scheme maps, and shall furthermore be subject to the provisions of clause
                                   3.2.13.7. of this scheme;A109 & A20

                             (iv) Where Building Lines indicated on a Scheme map differ in respect of a
                                  particular boundary from any Building Line otherwise determined in this
                                  Scheme, such first mentioned Building Lines indicated on a Scheme map
                                  shall prevail;

                             (v)    Subject to the provisions of sub-clause 5.1.1.3 the Council may relax any
                                    Building Line; and

                             (vi) Where a Street Widening is proposed in terms of the Scheme, the Building
                                  Line on the Street Boundary shall be measured from such Street Boundary as
                                  widened.
                                                               A48
5.1.1.2                      Determination of Building Lines

                             (i)    All Erfs and sites shall, unless indicated otherwise on a relevant Scheme map
                                    and/or Schedule 6 Part 1 of this Scheme, be subject to a minimum building
                                    line of 7,5 metres from all existing and proposed Street Boundaries, provided
                                    that all corner Erfs, which are zoned Special Residential 1, will be subject to a
                                    4 metre building line with respect to the longest street boundary, provided
                                    further that the erection of garages and servants quarters on Special



A109
        AMENDMENT 109 ON SERVICE INDUSTRIAL ERVEN, COUNCIL RESOLUTION 307, 26-09-95
& A20
        AMENDMENT 20 ON PARKING ARRANGEMENT, COUNCIL RESOLUTION 1567,14-11-8
A48
      AMENDMENT 48 ON BUILDING LINES FOR SPECIAL RESIDENTIAL 1 ERFS, COUNCIL RESOLUTION 747,25-4-89
   RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                      51


                       Residential 1 zones Erfs shall be subject to building lines as set out in
                       schedule 6 part 1 of this scheme.

                (ii)   The Building Line on a Street Boundary shall, in the case of Erfs in the
                       General Industrial and/or Restricted Industrial Use Zones, coincide with the
                       inner boundary of a Garden Reserve as contemplated in sub-clause 3.2.13.1
                       except where a Building Line greater than the width of such Garden Reserve
                       is indicated on a relevant Scheme map, in which case both such Garden
                       Reserve and Building Line shall apply.

5.1.1.3         Relaxation of a Building Line and/or Garden Reserve

                In accordance with the provisions of Clause 4 of this Scheme, the Council may
                grant its Approval or Consent to the erection and use of a building or structure
                between any Building Line and Boundary and/or within any Garden Reserve.

                Provided that:

                (i)    such approval or consent shall not be interpreted as a general relaxation of
                       any Building Line or Garden Reserve, but shall apply exclusively to the
                       particular building or structure in respect of which it is granted;

                (ii)   prior to the granting of such Approval or Consent the Council shall give due
                       consideration to any possible detrimental effect which such approval may
                       have on adjoining Buildings, Erfs and Sites in particular and on the
                       neighbourhood in general;

                (iii) prior to the granting of such Approval or Consent, the Council shall satisfy
                      itself that the circumstances under which such Approval or Consent is granted
                      are of an exceptional or special nature;

                (iv) prior to the granting of such Approval or Consent the Council shall satisfy
                     itself that such Approval or Consent will lead to the enhancement of the
                     appearance of a street and contribute to public amenity by way of
                     architectural effect;

                (v)    prior to the granting of such Approval or Consent, the Council shall satisfy
                       itself that compliance with the Building Line or Garden Reserve would
                       seriously hamper development in general and/or would render development
                       of a Erf or site unreasonably difficult because of:

                        (a) the levels of such site or Erf;

                        (b) the shape or size of such site or Erf;

                        (c) the levels of adjoining land;

                        (d) the propinquity or siting of other buildings or structures; or

                        (e) other special circumstances;

                (vi) such approval or consent shall not be deemed to be a relaxation of Side or
                     Rear Space as contemplated in Clause 5.1.2.

5.1.2           SIDE AND REAR SPACE

5.1.2.1         Interpretation

                For the purpose of this Clause 5.1, Side and Rear Space shall mean areas of
                varying width, as set out in sub-clause (3) below which are parallel and contiguous
                to the full length of the Side and Rear Boundaries, respectively, of a Erf.

5.1.2.2         Observance of Side and Rear Space

                No building and/or structure other than boundary walls, screen walls, fences,
                ornamental features and similar structures shall for the full height of the building or
                structure be erected within the area of any Side or Rear Space provided that
      RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                             52


                           subject to the provisions of sub-clause 5.1.2.4 below, the Council may grant its
                           Approval or Consent to the erection of any building and/or other structure within the
                           area of a Side or Rear Space.

5.1.2.3                    Determination of Side and Rear Space

                           The width of a Side and/or Rear Space, measured in a horizontal plane, at a right
                           angle to the boundary or segment thereof to which it is applicable shall, in respect
                           of the Building Type to which it applies, be as set out in Schedule 6, Part I of this
                           Scheme.

                           Provided that:

                           (i)    where, in the opinion of the Council, it is necessary to provide access to the
                                  rear of a building for which no Side or Rear Space is specifically indicated in
                                  Schedule 6, Part I of this Scheme, the Council may determine the width of the
                                  Side and/or Rear Space in respect of such building;

                           (ii)   for the purpose of this sub-clause 5.1.2.3 a quadrilateral Erf situated at a
                                  corner formed by the intersection of two streets shall be deemed to have two
                                  Side Boundaries and no Rear Boundary; and

                           (iii) in the case of Cluster or Grouped Housing, there shall be no Side or Rear
                                 Space applicable to a Common Boundary between Dwelling Units.

5.1.2.4                    Relaxation of Side and Rear Space

                           (i)    The Council may, in accordance with the provisions of either Clause 4.3 or
                                  Clause 4.4 and only under the exceptional circumstances herein specified,
                                  authorise any building to be erected within a Side or Rear Space. In
                                  considering an Application for such authorisation, the Council shall have due
                                  regard to any possible detrimental effect on adjoining Buildings, Erfs or Sites
                                  and the amenity of the neighbourhood.

                           (ii)   The aforementioned exceptional circumstances shall comprise, exclusively,
                                  circumstances, which in the opinion of the Council render the development of
                                  an Erf, or site unreasonably difficult on account of the siting of already
                                  completed buildings or the shape, size and levels of the Erf or site or the
                                  nature and design of the proposed building.

5.2                        PARKING ACCOMMODATION

5.2.1                      Provision of Parking

                           Any person intending to erect, alter or extend a building or develop or use any Erf
                           shall provide on-site parking within the boundaries of the site in accordance with
                           the standards and requirements set out in Schedule 6, Parts II and III.

5.2.2                      Computation of the Number of Parking Spaces Required

5.2.2.1                    When computing the total number of parking spaces required in respect of any
                           specific use or building, such number shall be determined to the greater whole
                                    A19
                           number.

5.2.2.2                    Except where otherwise determined a parking space, inclusive of manoeuvring
                           area, which is provided on a site, except a site, which is reserved in terms of the
                           scheme as a public carpark, shall be 30m² in extent.
                                                                       A19
5.2.2.3                    Computations regarding a Developer who        :




A19
      AMENDMENT 19 ON LOADING ZONES, COUNCIL RESOLUTION 1252, 14-3-84
A19
      AMENDMENT 19 ON LOADING ZONES, COUNCIL RESOLUTION 1252, 14-3-84
       RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                             53


                            (i)    in terms of Clause 5.2.7(i) is instructed to provide parking facilities on land
                                   reserved in terms of the Scheme for public parking purposes; and/or

                            (ii)   in terms of Clause 5.2.7(iii) is instructed to, in the form of a cash payment,
                                   make a contribution to a parking reserve fund;

                            Shall be based on the average area, per hardened, paved or sealed parking space
                            as computated by the Borough in respect of the gross public parking area,
                            inclusive of vehicular access to the gross parking area of which the parking spaces
                            which have to be provided form, at the sole discretion of the Council, part, plus

                            The developer shall in such instances, in addition, be responsible for the
                            development of all traffic, pedestrian and park islands and other extrusions within
                            the outer perimeter of the, by the Borough identified, portion of the public parking
                            area for which the Developer is, at the sole discretion of the Council, responsible.

5.2.3                       Approval of Parking Areas Required

                            All parking areas, parking spaces, access and manoeuvring areas shall be to the
                            satisfaction of and subject to the approval of the Council. In the event of any such
                            aforesaid area not being in conformity with the provisions of this Scheme, then,
                            notwithstanding anything in any bylaw contained, no building plan shall be
                            approved prior to the granting of such aforesaid approval of Council.

5.2.4                       Treatment of Parking Areas

5.2.4.1                     All vehicle parking spaces, access and manoeuvring areas shall be permanently
                            hardened, paved or sealed and maintained in a dust free condition to the
                            satisfaction of Council.

5.2.4.2                     Except where required in terms of this Scheme or any other law, a parking space
                            need not be roofed over.

5.2.4.3                     Every parking space required in terms of this Scheme shall be clearly marked and
                            defined to the satisfaction of Council.

5.2.4.4                     Provided that and except with the express approval of Council;

                            (i)    the vehicular access/exit to a site shall be restricted to not more than one
                                   combined vehicular access/exit each per site per street abutting the site;

                            (ii)   the vehicular access/exit to a site shall be restricted to a maximum width of
                                   7,5 metres where it crosses the street boundary;

                            (iii) no vehicular crossing over the pavement shall be located nearer than 5
                                  metres to any street corner (i.e. the point of intersection of two street
                                  boundaries).

                                                             A158
5.2.5                       Completion of Parking Areas

                            A building completion certificate, as provided for in National Building Regulations
                            and Building Standards Act (Act 103 of 1977), shall not be issued unless the
                            vehicular parking area or areas, indicated in accordance with the provisions of this
                            Scheme, on a relevant building plan, have been constructed and completed to the
                            satisfaction of Council.

                                                                     A67
5.2.6                       Relaxation of Parking Requirements

                            The Town Council may, at its sole discretion and subject to its approval or consent
                            thereto being sought, relax the parking requirements imposed under this Clause
                            5.2:

A158
       AMENDMENT 158, COUNCIL RESOLUTION 1083, 25-03-98
A67
      AMENDMENT 67 ON PARKING, COUNCIL RESOLUTION 1585, 29-1-91
       RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                                54


                            (i)     in respect of unskilled employees; and/or

                            (ii)  under circumstances where the imposition of the parking requirements is
                            impracticable or detrimental to safety or amenity of the general public.

                                                                                                  A158
5.2.7                       Alternatives to on-site parking within the boundaries of a site

                            Notwithstanding any provision of Clause 5.2 the Council may, at its sole discretion,
                            in lieu of the provision of on-site parking by the developer:

                            (i)    instruct a developer to provide at his own cost and to the satisfaction of
                                   Council the number of car parking spaces that the developer would have
                                   been required to provide on-site in terms of the Scheme, at ground level, on
                                   land reserved in terms of the Scheme, for public vehicular parking purposes;

                            (ii)   agree to a developer providing public vehicular parking on another site, which
                                   is acceptable to the Council and further subject to the registration of a Notarial
                                   Deed in restraint of separate alienation of the land concerned;

                                   Provided that the vehicular parking, as contemplated in sub-clauses (i) and (ii)
                                   above, shall be constructed and completed to the satisfaction of the Council
                                   before a building completion certificate, as provided for in the National
                                   Building Regulations and Building Standards Act (Act 103 of 1977), is issued
                                   in respect of the building or buildings to which the provision of the relevant
                                   vehicular parking relates;

                            (iii) instruct a developer to contribute to a Parking Reserve Fund by way of a cash
                                  payment in lieu of the provision of on-site parking. The cash payment shall be
                                  calculated on the basis of the actual cost to the Council or its nominee of
                                  providing on land designated in the Scheme for public vehicular parking
                                  purposes, the number of car parking spaces, at ground level, that would have
                                  been required to be provided by the developer on the site of the developer in
                                  terms of the Scheme.

                            The cash contribution, as provided for in sub-clause (iii) above shall become
                            payable as follows:

                            (a) within 30 (thirty) calendar days of submission of building plans an amount
                                equal to the preliminary estimated cost calculated by the Council;

                            (b) within 30 (thirty) calendar days after notification of final cost calculation the
                                Council shall be liable for disbursement of any overpayment, if any, made by
                                the developer. The developer shall likewise be liable for the payment of any
                                underpayment, if any, to the Council within 30 (thirty) calendar days after
                                written notification by the Council of final costs. No building completion
                                certificate, as provided for in the National Building Regulations and Building
                                Standards Act (Act 103 of 1997) shall be issued in respect of the building or
                                buildings to which this sub-clause relates, before the cash contribution has
                                been finalised.

                            All monies thus received by the Council in terms of this sub-clause shall be paid
                            into a Parking Reserve Fund and shall be used only for the acquisition of land for
                            public vehicular parking purposes and/or provision of public vehicular parking on
                            land reserved for public vehicular parking purposes in terms of the Scheme within
                            the specific area concerned.
                                            A57
                            Provided that     :

                            The alternative to on-site parking as contemplated in terms of sub-clauses 5.2.7(i),
                            (ii) and (iii) shall, within the General Commercial, Limited Commercial 1; Special
                            Commercial 1, Office and Professional Use Zones only apply to Commercial
                            buildings.


A158
       AMENDMENT 158, COUNCIL RESOLUTION 1083, 25-03-98
A57
      AMENDMENT 57 ON SCHEDULE 4, COUNCIL RESOLUTION 1327, 31-7-90
      RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                             55


                             On-site vehicular parking shall be provided in accordance with the standards and
                             requirements set out in Schedule 6, Parts II and III of this Scheme, for any
                             Residential building and/or Hotel erected and used on a Erf within the said Use
                             Zones.

5.2.8                        Provision of Parking for amended uses

                             The Council may at any time vary the foregoing requirements if the character or
                             type of activity being conducted on a site is changed or altered to an extent which,
                             in the opinion of the Council, materially alters the number and type of vehicles
                             generated by the site, provided that in no case shall such variation of requirements
                             result in the number of vehicular parking spaces provided or to be provided exceed
                             the parking requirements set out in Schedule 6, Part II for the amended use or
                             uses.

5.2.9                        Excess Parking

                             Where in any building the area set aside for the parking or garaging of vehicles
                             exceeds the minimum requirements by more than 50%, any such excess in area
                             shall be deemed to be part of a parking garage and deemed to be floor area for
                             floor area calculation purposes.

5.2.10                       Exemption from the provision of on-site parking

                             Notwithstanding the provisions of Clause 5.2 the provision of on-site parking in
                             terms of Schedule 6, Part II and III read together with the contents of Schedule 4
                             as applicable on the day of adoption of this Scheme, is waived in respect of the
                             following sites:

                             (i)    Erf 1898 Subs 1, 2 and 3 Richards Bay Extension No. 9;

                             (ii)   Erven 5585, 5586, 5587, 5588, 6350, 1755 and Sub 1 of Erf 6364, Richards
                                    Bay Extension No. 8;

                             (iii) Erven 611, 612, 613 and 619, Richards Bay Extension No. 5; andA70

                             (iv) Subdivisions 2, 3 and 4 of Erf 620.

5.2.11                       Parking Garage

                             The inclusion of the expressions "Parking Garage" and "Parking Erf" in Schedule 4
                             under Column 4 or Column 5 in respect of any specific Use Zone shall not be
                             deemed to restrict or prohibit the provision of parking required to be provided in
                             terms of this Clause 5.2 nor shall such inclusion be deemed to absolve any person
                             from due compliance with the provisions of this Clause 5.2.

5.2.12                       The provision of parking on Service Industrial zoned erven in Richards Bay,
                             Extension 23 and 24 shall, notwithstanding any other provision of this
                                                                                                     A20&
                             Scheme, be subject to the provisions of Clause 3.2.13.7 of this Scheme.
                             A158



5.3                          LOADING ACCOMMODATION

5.3.1                        Interpretation of a Loading Area

                             For the purposes of this Clause 5.3, a loading area means an area upon the site of
                             a building, set aside for the accommodation of vehicles onto which goods or
                             materials are to be loaded or from which goods or materials are to be off-loaded
                             and for such loading and off-loading.


A70
      AMENDMENT 70 ON EXEMPTION OF PARKING, COUNCIL RESOLUTION 1668, 26-3-91
A20
      AMENDMENT 20 ON PARKING ARRANGEMENT, COUNCIL RESOLUTION 1567, 14-11-84
& A158
         AMENDMENT , COUNCIL RESOLUTION 1083, 25-03-98
      RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                              56


5.3.2                      Provision of Loading Area

                           Any person intending to erect, alter or extend a building or develop or use any Erf
                           for the purpose of:

                           a Residential building; a Hotel; a Commercial building; a Public Office; a Public
                           Garage; an Industry; a Restricted Industry; a Restricted Commercial building; and
                           any other building or activity where in the opinion of the Council, it is necessary and
                           desirable for such loading areas to be provided, shall provide adequate on-site
                           loading areas to the satisfaction of and subject to the approval of the Council.

5.3.3                      Prohibition in Respect of Streets

                           The loading or off-loading of goods or materials onto or from vehicles, where such
                           activity is associated with one or more of the building or land use types mentioned
                           in sub-clause 5.3.2 shall not, under any circumstances, be permitted in or upon any
                           street, nor shall any person permit goods or materials of any other nature
                           whatsoever to be loaded onto or off-loaded from any vehicles in or upon any street,
                           except within such portions of a street which may have been specifically set aside
                           and demarcated for such purposes by the Council, or, with the permission of the
                           Council.

5.3.4                      Treatment of Loading Areas

                           The provisions of sub-clause 5.2.4 "Treatment of Parking Areas" shall apply
                           mutatis mutandis to all loading areas required in terms of sub-clause 5.3.2.

5.3.5                      Loading area additional to Parking area

                           Loading areas required to be provided under sub-clause 5.3.2 shall be in addition
                           to any parking provided in terms of Clause 5.2.
                                                                             A19
5.4                        SPECIFIC PROVISION FOR LOADING ZONES
                           Any person intending to erect, alter or extend any building or develop or use any
                           Erf shall notwithstanding the provisions of sub-clause 5.3.2, provide loading zones
                           on the site within the boundaries on the site in accordance with the standards and
                           requirements as stipulated in Schedule 6 Part IV.

5.4.1                      Computation of the number of loading zones required

5.4.1.1                    When computing the total number of loading zones required in respect of any
                           specific use or building such number shall be determined to the greater whole
                           number.

5.4.1.2                    Except where otherwise determined, a loading zone, inclusive of manoeuvring area
                           shall be 75m2 in extent.

5.4.2                      Approval of Loading Zones Required

                           All loading zones, accesses and manoeuvring areas shall be to the satisfaction of
                           and subject to the approval of the Council. In the event of any such aforesaid areas
                           not being in conformity with the provisions of this Scheme, then, notwithstanding
                           anything in any bylaw contained, no building plan shall be approved prior to the
                           granting of such aforesaid approval of the Council.

5.4.3                      Treatment of Loading Zones

5.4.3.1                    All loading zones, accesses thereto and manoeuvring areas shall be permanently
                           hardened, paved or sealed and maintained in a dust free condition to the
                           satisfaction of the Council.


A19
      AMENDMENT 19 ON LOADING ZONES, COUNCIL RESOLUTION 1252, 14-3-84
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5.4.3.2                     Except where required in terms of this Scheme or any other law a loading zone
                            need not be roofed over.

5.4.3.3                     Every loading zone required in terms of this Scheme shall be clearly marked and
                            defined to the satisfaction of the Council.

                                                              A158
5.4.4                       Completion of Loading Zones

                            A building completion certificate, as provided for in the National Building
                            Regulations and Building Standards Act (Act 103 of 1977), shall not be issued
                            unless the loading zone or zones, indicated on a relevant building plan, in
                            accordance with the provisions of this Scheme, has/have been constructed and
                            completed to the satisfaction of the Council.

5.4.5                       Relaxation of Loading Zone Requirements

                            The Council may, at its sole discretion and subject to its approval or consent
                            thereto being sought, relax the loading zone requirements imposed under this
                            Clause 5.4:

                            (i)    under circumstances where the imposition of the loading zone requirements
                                   is impracticable or detrimental to safety or amenity of the general public;

                            (ii)   in respect of floor areas which at the sole discretion of the Council, do not
                                   justify the provision of loading zones in accordance with the laid down ratios.

                                                                                                         A158
5.4.6                       Alternatives to on-site loading zones within the boundaries of a site

                            Notwithstanding any provision of Clause 5.4 the Council may, at its sole discretion,
                            in lieu of the provision of on-site loading zones by the developer:

                            (i)    instruct a developer to provide at his own cost and to the satisfaction of the
                                   Council the number of loading zones that the developer would have been
                                   required to provide on-site in terms of the Scheme, at ground level, on land
                                   reserved, in terms of the Scheme, for loading zone purposes; or

                            (ii)   agree to a developer providing loading zones on another site, which is
                                   acceptable to the Council and further subject to the registration of a Notarial
                                   Deed in restraint of seperate alienation of the land concerned.

                                   Provided that the loading zones, as contemplated in sub-clauses (i) and (ii)
                                   above, shall be constructed and completed to the satisfaction of the Council
                                   before a building completion certificate as provided for in the National Building
                                   Regulations and Building Standards Act (Act 103 of 1977) is issued in respect
                                   of the building or buildings to which the provision of the relevant loading zones
                                   relate.

                            (iii) instruct a developer to contribute to a loading zone reserve fund by way of a
                                  cash payment in lieu of the provision of on-site loading zones. The cash
                                  payment shall be calculated on the basis of the actual cost to the Council or
                                  its nominee of providing on land designated in the Scheme for public parking
                                  purposes, the number of loading zones, at ground level, that would have been
                                  required to be provided by the developer on the site of the developer in terms
                                  of the Scheme.

                            The cash contribution, as provided for in sub-clause (iii) above shall become
                            payable as follows:

                            (a) within 30 (thirty) calendar days of submission of building plans an amount
                                equal to the preliminary estimated cost calculated by the Council;



A158
       AMENDMENT 158, COUNCIL RESOLUTION 1083, 25-03-98
A158
       AMENDMENT 158, COUNCIL RESOLUTION 1083, 25-03-98
  RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                      58


               (b) within 30 (thirty) calendar days after notification of final cost the Council shall
                   be liable for the disbursement of any overpayment, if any, made by the
                   developer. The developer shall likewise be liable for the payment of any
                   underpayment, if any, to the Council within 30 (thirty) calendar days after
                   written notification by the Council of final costs. No building completion
                   certificate, as provided for in the National Building Regulations and Building
                   Standards Act (Act 103 of 1977) shall be issued in respect of the building or
                   buildings to which this sub-clause relates before the cash contribution has
                   been finalised.

               All monies thus received by the Council in terms of this sub-clause shall be paid
               into a loading zone reserve fund and shall be used only for the acquisition of land
               for public vehicular parking purposes and/or the provision of loading zones on land
               reserved for public vehicular parking in terms of the Scheme within the specific
               area concerned.

               Provided that:

               The alternative to on-site loading zones as contemplated in terms of sub-clause
               5.4.6 (i) (ii) and (iii) shall, within the General Commercial and Limited Commercial
               1 use zones, only apply to Commercial Buildings.

               On site loading zones shall be provided in accordance with the standards and
               requirements set out in Schedule 6 Parts II and III for any Residential Building
               and/or Hotel erected and used on a Erf within the said use zones.

5.4.7          Provision of loading zones for amended uses

               The Council may at any time vary the foregoing requirements if the character or
               type of activity being conducted on a site is changed or altered to an extent which,
               in the opinion of the Council, materially alters the number and type of vehicles
               generated by the site, provided that in no case shall such variation of requirements
               result in the number of loading zones provided or to be provided exceed the
               loading zone requirements set out in sub-clause 5.4.1.
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CLAUSE SIX

6.                URBAN AESTHETICS

6.1               APPEARANCE OF BUILDINGS

6.1.1             Interrelationship Between Individual Buildings

                  The interrelationship, with particular but not exclusive reference to balance,
                  proportion, scale, appearance and harmony between two ore more proximate
                  buildings or groups of buildings shall be to the satisfaction of the Council.

6.1.2             Elements Of Buildings

                  The siting of individual buildings or groups of buildings and the structure, design,
                  elevation, composition, materials, colour, texture, architectural treatment and
                  appearance of the external elements as well as any element visible to the public of
                  such buildings shall be to the satisfaction of the Council.

6.1.3             Certification Of Visible Elements Of A Building

                  No person shall erect a building or alter any external element or other element
                  visible to the public of any building in any manner whatsoever, except that the
                  Council shall first have certified that the building or proposed alteration is to the
                  satisfaction of the Council in accordance with the foregoing Clauses 6.1.1 and
                  6.1.2.

6.1.4             Application For Certification

                  Any person desirous of obtaining the certification of the Council as aforesaid, shall
                  submit to the Council such drawings, documents and other particulars as are
                  specified in Clause 6.1.8.

6.1.5             Aesthetics Committee

6.1.5.1           The Council may establish an aesthetics committee to advise and assist the
                  Council on all matters, whether specific or general, relating to urban aesthetics.

6.1.5.2           In the event of the establishment of an aesthetics committee, the Council may
                  request the report of such committee regarding, inter alia, the aesthetic merits of a
                  submission as contemplated in Clause 6.1.4 prior to consideration of such
                  submission by the Council.

6.1.6             Consideration Of A Submission

6.1.6.1           Upon consideration of a submission as contemplated in Clause 6.1.4, the Council
                  may cause such submission to be either conditionally or unconditionally certified as
                  being to the satisfaction of the Council or the Council may refuse to cause such
                  submission to be so certified.

6.1.6.2           In the event of a submission as contemplated in Clause 6.1.4 failing to be certified,
                  whether conditionally or unconditionally, as being to the satisfaction of the Council
                  within ninety calendar days of the date of receipt thereof, certification shall be
                  deemed to have been refused.

6.1.7             Appeal

                  Any applicant aggrieved by the refusal of the Council to cause a submission to be
                  certified as being to the satisfaction of the Council or by a condition of certification
                  may, subject, mutatis mutandis to Section 67 ter of the Ordinance, lodge an
                  appeal.
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6.1.8           Particulars Of A Submission

                For the purpose of securing certification as contemplated herein, the following
                drawings and documents shall be lodged with the Town Clerk:

6.1.8.1         Drawings in duplicate clearly showing the elevations including all services visible
                below, at and above roof level facing any street, pedestrian way, mall, arcade,
                plaza, car park or railway line, public place or Use Zone or reservation for any of
                these purposes to which the site has frontage and/or side and/or rear elevations.
                The drawings shall be to a scale not less than 1:100 or in the case of large
                structures a scale of 1:200 will be accepted. One set of drawings shall be coloured
                and presented in such a manner as will clearly indicate the finished appearance of
                the proposed building or alterations and, if so required, shall be supplemented by
                plans and section to illustrate the true intent and meaning of the elevations;

6.1.8.2         A block plan to a scale not less than 1:500 indicating the locality of the building on
                the Erf and the relationship of all elevations to any street, pedestrian way, mall,
                arcade, plaza, car park or railway line, public place or use zone or reservation for
                any of these purposes in the proximity of the site;

6.1.8.3         Plans, drawings and elevations of adjacent buildings or works, if required by the
                Council;

6.1.8.4         Any other plan, drawing or elevation necessary to illustrate the proposed work; and

6.1.8.5         A brief schedule, in duplicate, specifying the general construction and finishings of
                the proposed building or alterations or additions and similar information in respect
                of existing buildings on the Erf and on adjoining Erfs.

6.1.9           Matters Included In Elevation

                Fences, gates, boundary walls, other walls and advertising or other signs
                incorporated in and forming part of the design of a building shall be deemed to
                form part of the elevation or appearance of a building for purposes of this Clause.

6.1.10          Other Laws

                The certification of the Council, as contemplated herein, of a proposed building or
                additions or alterations shall not be deemed to be a Permission, Approval or
                Consent in terms of any other provisions of the Scheme or of the bylaws, nor shall
                authority granted under any other provisions of the Scheme or approval in terms of
                the bylaws be deemed to certify that any proposed work is to the satisfaction of the
                Council under this Clause, unless the Council has specifically determined to the
                contrary.

6.2             POWERS OF THE COUNCIL
                In pursuance of the objectives of good order, amenity and aesthetics, the Council
                may, inter alia:

6.2.1           Require Drawings To Be Prepared By An Architect

                Require that drawings and documents submitted in accordance with sub-clause
                6.1.8 hereof, be prepared by or be prepared under supervision of an Architect and
                be signed by such Architect.

6.2.2           Determine Minimum Value Of Buildings

                Determine once, a minimum value of buildings to be erected and other work to be
                carried out on any specific site. Such minimum value shall be related to the
                intended use of such building or other work and the site upon which it is to be
                erected and the relationship between the use and location of such site and
                adjacent Land.
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6.2.3          Require Alterations

               Require such reasonable alterations or amendment of the structure, design,
               elevation, composition, materials, colour, texture or treatment of a proposed
               building or work or proposed alteration, addition or extension to a building or work,
               as the Council may deem necessary.

6.2.4          Require Continuous Elevation

               Require that outbuildings and other isolated structures be joined to the main
               building on a site by means of connecting walls, gates or other devices.

6.2.5          Restrict Display Of Certain Objects

               Restrict, whether conditionally or unconditionally, the erection or display, in
               positions open to public view, of boundary walls, other free standing walls, refuse
               containers, facilities for the drying of laundry and permanent garden furniture such
               as fountains, birdbaths and statues.

6.2.6          Restrict Cutting And Destruction Of Vegetation

               Restrict the cutting or destruction of trees and other vegetation whether upon
               private property or not.

6.3            DEVELOPMENT AND USE OF LAND
               The provisions of the foregoing Clauses 6.1 and 6.2 shall apply mutatis mutandis
               to the development and use of any Land for any purpose within the area of the
               Scheme.
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CLAUSE SEVEN

7.                ANNEXURES TO THE SCHEME

7.1               ANNEXURES TO THE SCHEME
                  Each Annexure to the Scheme comprising one or more sheets shall consist of
                  diagrams and/or drawings indicating, inter alia the specific land affected by the
                  Annexure, and a written statement indicating, inter alia the uses and rights which
                  may be exercised on such land together with any conditions and/or restrictions
                  concerning the erection and/or use of buildings or the use of such land. Further,
                  such Annexure shall contain a clear description of the specific land affected, as
                  registered in a Deeds Registry.

7.2               FORCE AND EFFECT OF AN ANNEXURE TO THE SCHEME
                  Land controlled by an Annexure shall, in addition to the provisions of the Scheme,
                  be entitled to the uses and rights, and be further subject to the conditions and
                  restrictions, indicated on a relevant Annexure to the Scheme. The uses, rights,
                  conditions and restrictions which appear on an Annexure to the Scheme shall
                  prevail on the land to which such uses, rights, conditions and restrictions are
                  relevant, should a conflict arise with any other clause and/or provision of the
                  Scheme.

7.3               RELEVANCY OF AN ANNEXURE TO THE SCHEME
                  An Annexure to the Scheme shall be exclusively relevant to that land which is
                  described and depicted thereon.

7.4               INDICATION OF AN ANNEXURE TO THE SCHEME ON THE MAP AND IN THE
                  CLAUSES

7.4.1

                  The extent of land to which an Annexure to the Scheme is relevant shall be
                  depicted on the Map and shall have the number of the relevant Annexure inscribed
                  in green within or adjacent to such figure.

7.4.2

                  The details of and information concerning each Annexure to the Scheme shall be
                  included in Schedule 7.
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                     A50
CLAUSE EIGHT

8.                          DETAILS OF RIGHTS PERMITTED TO BE EXERCISED AND CONDITIONS
                            APPLICABLE TO ALL “PROFESSIONAL” ZONED ERFS.

8.1                         USE

8.1.1                       Purposes for which buildings may be erected and used.

                            Medical chambers, including the consulting rooms, surgery and dispensary of
                            medical and dental practitioners and purposes ancillary thereto; paramedical
                            chambers and consulting rooms and purposes ancillary thereto; and/or

                            a day-clinic or day-hospital in which patients may be treated on a day to day basis,
                            but excluding a hospital, nursing home, sanatorium or similar institution to which
                            patients are admitted for a continuous period in excess of fifteen hours and
                            purposes ancillary thereto.

8.1.2                       Purposes for which buildings may be erected and used only with the
                            approval of Council

                            Professional chambers or rooms, other than those mentioned in paragraph 8.1.1
                            above, which are intended for use and used by recognised professions such as the
                            legal, architectural, engineering and similar professions.

                            Purposes ancillary to such foregoing professional chambers or rooms; and/or An
                            educational building.

8.1.3                       Purposes for which buildings may be erected and used only with the consent
                            of the council

8.1.3.1                     Semi-professional rooms or other offices, other than those mentioned in
                            paragraphs 8.1.1 and 8.1.2 above, restricted to use by professions which may not
                            be recognised as such but which in the opinion of the Town Council will not be
                            injurious to or detract from the amenities of any activity or profession mentioned in
                            the aforesaid paragraphs 8.1.1 and 8.1.2 and purposes ancillary to such semi-
                            professional rooms or offices;

8.1.3.2                     Consulting rooms, inclusive of the surgery and dispensary, in respect of veterinary
                                                                                         A95
                            practitioners and purposes ancillary thereto, provided that:

                            (i)    such veterinary consulting rooms shall be restricted to the treatment of
                                   domestic animals;

                            (ii)   there shall be no direct, internal communication or access between any part
                                   of a building used for veterinary purposes and any other part of a building
                                   used for any other purposes; and

                            (iii) a dwelling may be allowed only on Proffessional zoned Erfs outside Industrial
                                  areas.

8.1.3.3                     Prosthetic workshops for the manufacture and/or fitting of prosthetic devices such
                            as spectacles and similar optometric devices, false teeth and similar orthodontic
                            devices, hearing aids, artificial limbs and similar devices and purposes ancillary to
                            such prosthetic workshops, provided that such prosthetic workshops shall not
                            include any activity which in the opinion of Council is injurious to or detracts from
                            the amenity of any other activity or profession conducted upon the property.



A50
      AMENDMENT 50 ON “SPECIAL” ZONED ERVEN, COUNCIL RESOLUTION 977, 31-10-89
A95
      AMENDMENT 90 OF CLAUSE 8 CERTAIN CONTROL MEASURES APPLICABLE TO “PROFFESSIONAL ZONED ERFS,
      COUNCIL RESOLUTION 3178, 29-03-94
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8.2            CONDITIONS AND RESTRICTIONS

8.2.1          Purposes For Which Buildings Shall Not Be Erected And Used

               Any purpose not included in the foregoing paragraphs 8.1.1, 8.1.2 and 8.1.3.

8.2.2          Height

               The maximum height of buildings to be erected on the properties shall not exceed
               two (2) storeys.

8.2.3          Floor Area Ratio

               The maximum permissible floor area ratio in respect of “Professional” zoned Erfs
               shall not exceed 0,6 provided that on any application for its approval or consent
               under paragraphs 8.1.2 and 8.1.3 above, Council may determine a lesser floor
               ratio.

8.2.4          Coverage

               The maximum permissible coverage in respect of each of all Erfs shall not exceed
               80%.

8.2.5          Building Lines

               The following building lines shall be applicable:

                                              Building Line On Street
                Building Type                                            Side and Rear Spaces
                                              Boundary
                All building types                                       2,0m or 1,5m per storey,
                                              7,5m
                permitted                                                whichever is the greater

8.2.6          Parking

               Parking and loading accommodation in accordance with Clauses 5.2 and 5.3 of
               the Scheme shall be provided, provided that the Town Council may relax the
               parking requirements in the event of:

               (i)    sufficient on-site parking being provided to cater for all personnel employed
                      upon the site; and

               (ii)   an alternative parking area being provided within reasonable proximity of the
                      site.

8.3            OTHER CONDITIONS AND RESTRICTIONS
               The provisions of the Scheme, where not at variance with the foregoing, shall apply
               mutatis mutandis.
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                   A83
CLAUSE NINE

9.                         PERMITTED DETAILS OF RIGHTS PERMITTED TO BE EXERCISED AND
                           CONDITIONS AND RESTRICTIONS APPLICABLE TO “HARBOUR” AND
                           “HARBOUR RESORT” ZONE

9.1                        USE ZONES:

9.1.1                      “Harbour” and “Harbour Resort”

9.1.2                      Use

                           Notwithstanding the foregoing provisions of this Scheme, the zone may only be
                           used for the erection and use of buildings reflected in columns 3 and 4 of Schedule
                           4 Use Zones XXIX and XXX and within the scope of the principles set out in 3
                           below to the sole discretion of Council.

9.1.3                      Conditions and Restrictions

9.1.3.1                    Principles

                           “Harbour” Zone:

                           a)    Activities, land use and buildings must be port-related, either being connected
                                 to the import or export of product or as an essential back-up service.

                           “Harbour” and “Harbour Resort” Zones:

                           b)    Portnet or Developers shall be responsible for the provision of all essential
                                 services within the said Zones.

                           c)    The provision of all essential services to the boundaries of the said zones
                                 shall be subject to the provisions of Clause 2.2.2.2.

                           d)    Notwithstanding c) above, the provision of such services by Council shall be at
                                 Council’s sole discretion, within its budgeting limitations and/or by contractual
                                 agreement between the Harbour Authority and/or its lessee and Council.

9.1.3.2                    Parking

                           a)    The provisions of Schedule 6 shall, mutatis mutandis, apply to all land and
                                 building use within these zones.

9.1.3.3                    Bulk Factors, Erf Control, Side and Rear Spaces, Building Lines

                           Where no registered subdivision exists, these controls, as set out in Clauses 3.2.7,
                           3.2.8, 3.2.9, 3.2.10, 3.2.11, 3.2.12, 3.2.13, 3.3, 3.4, 5.1, 5.2, 5.3, 6.1, and Schedule
                           6 (Parts I-III) shall, mutatis mutandis apply to any lease area or area of use so
                           identified by and at the sole discretion of Council.

9.1.3.4                    Height

                           Notwithstanding the provisions of Schedule 4, Use Zones XXIX and XXX, columns
                           3 and 4, the height of any building or structure shall not impede the efficient control
                           by the Harbour Authority over harbour water activities, as determined by such
                           authority.




A83
      AMENDMENT 83 ON HARBOUR AREA, COUNCIL RESOLUTION 2595, 26-1-93
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CLAUSE TEN

10.            DETAILS OF RIGHTS PERMITTED TO BE EXERCISED AND CONDITIONS AND
               RESTRICTIONS APPLICABLE TO THE IDENTIFIED PORTIONS OF LAND
               WHICH WILL TOGETHER BE USED FOR THE PURPOSES OF A MARINA

10.1           USE ZONE: XXXIII “Borough Marina”

10.2           USE:

10.2.1         PURPOSES FOR WHICH BUILDINGS MAY BE ERECTED AND USED AND FOR
               WHICH LAND MAY BE USED
                4.      Automotive Showroom        24.   Office Building
                5.      Automotive Workshop        26.   Parking Garage and Parking Lot
                7.      Chalet Development         27.   Place of Public Amusement
                8.      Cluster Housing            28.   Place of Public Assembly
                12.     Dwelling House             29.   Place of Public Worship
                16.     Grouped Housing            30.   Private Recreational Use
                17.     Hotel                      31.   Public Garage
                20.     Launderette                32.   Public Office
                22.     Medium Density Housing     33.   Recreational Building
                23.     Municipal Purposes         34.   Residential Building
                41.     Shop

10.2.2         PURPOSES FOR WHICH BUILDINGS MAY BE ERECTED AND USED AND FOR
               WHICH LAND MAY BE USED ONLY WITH THE APPROVAL OF COUNCIL
                6.      Caravan Park
                13.     Educational Building
                21.     Light Industry

10.2.3         PURPOSES FOR WHICH BUILDINGS MAY BE ERECTED AND USED AND FOR
               WHICH LAND MAY BE USED ONLY WITH THE CONSENT OF COUNCIL
                10.     Commercial Workshop
                18.     Industry
                25.     Parks for Mobile Home
                36.     Restricted Commercial
                        Building
                39.     Service Industry
                40.     Service Workshop
                42.     Special Building
                49.     Marina Infrastructure

10.2.4         PURPOSES FOR WHICH LAND MAY BE RESERVED IN TERMS OF THE
               SCHEME
                Conservation Amenity
                Public Open Space
                Existing Street
                Proposed Street and Street
                Widening
                Approximate Position of Proposed
                Street
  RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                     67


                Street to be Closed
                Public Car Park
                Water Works
                Railway and Harbour
                Sewage Disposal Works
10.3           CONDITIONS AND RESTRICTIONS

10.3.1         USE: PURPOSES FOR WHICH BUILDINGS SHALL NOT BE ERECTED AND
               USED AND FOR WHICH LAND SHALL NOT BE USED:

               Any purpose not included in the foregoing paragraphs 10.2.1, 10.2.2 and 10.2.3.

10.3.2         HEIGHT

               The maximum height of buildings to be erected on the property shall be limited to
               the maximum height restriction as determined from time to time by the harbour
               authority, to enable efficient control over water activities. The height of buildings
               shall furthermore not exceed the prescribed height restriction which applies to the
               different land use types which will eventually come into effect when the properties
               are finally zoned in terms of the Richards Bay Town Planning Scheme in course of
               preparation.

10.3.3         FLOOR AREA RATIO

               The maximum permissible floor area ratio which will apply to all properties in the
               area shall not exceed the prescribed floor area ratio which applies to the different
               land use types which will eventually come into effect when the properties are finally
               zoned in terms of the Richards Bay Town Planning Scheme in course of
               preparation.

10.3.4         COVERAGE

               The maximum permissible Coverage which will apply to properties in the area shall
               not exceed the prescribed Coverage which applies to the different land use types
               which will eventually come into effect when the properties are finally zoned in terms
               of the Richards Bay Town Planning Scheme in course of preparation.

10.3.5         BUILDING LINES AND SIDE AND REAR SPACES

               The building lines and side rear spaces which will apply to all properties in the area
               shall be in accordance with the prescribed building lines and side and rear spaces
               which apply to the different land use types, which eventually come into effect when
               the properties are finally zoned in terms of the Richards Bay Town Planning
               Scheme in course of preparation.

10.3.6         PARKING AND LOADING ACCOMMODATION

               Clauses 5.2 and 5.3 “Parking Accommodation” and “Loading accommodation” of
               the Scheme shall apply mutatis mutandis to the site upon which this Annexure is
               applicable and any parking or loading accommodation required in terms of the said
               clauses shall be provided on site.

10.3.7         OTHER CONDITIONS AND RESTRICTIONS

               The provisions of the Scheme inter alia Clauses 1.6 and 1.12, where not at
               variance with the foregoing, shall apply mutatis mutandis.
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CLAUSE ELEVEN

11.             DETAILS OF RIGHTS PERMITTED TO BE EXERCISED AND CONDITIONS AND
                RESTRICTIONS APPLICABLE TO FOUR DEVELOPMENT NODES ADJOINING
                (OR CLOSE TO) LAKE MZINGAZI

11.1            USE ZONES AND DESCRIPTION OF AREAS

11.1.1          Node A, zoned Use Zone XXXIV: “Golf Course Node”, within the existing golf
                course;

11.1.2          Node B, zoned Use Zone XXXV: “Nursery Node”, surrounding the old water
                pump station in Meerensee;

11.1.3          Node C, zoned Use Zone XXXVI: “Greenhill”, within the Greenhill area;

11.1.4          Node D, zoned Use Zone XXXVII: “Waterworks Node”, east of the existing
                water works.

11.2            USE:
                Purpose for which buildings may be erected and used and for which land may be
                used:

                NODES A AND B
                7.      Chalet                            8.      Cluster Housing
                12.     Dwelling House                    16.     Grouped Housing
                22.     Medium Density Housing            26.     Parking Garage and Parking Lot
                28.     Place Of Public Assembly          29.     Place Of Public Worship
                30.     Private Recreational Use          33.     Recreational Building
                34.     Residential Building              41.     Shop
                NODES C AND D
                7.     Chalet                             8.      Cluster Housing
                12.    Dwelling House                     16.     Grouped Housing
                17.    Hotel                              20.     Laundrette
                22.    Medium Density Housing             24.     Office Building
                26.    Parking Garage and Parking Lot     27.     Place Of Public Amusement
                28.    Place Of Public Assembly           29.     Place Of Public Worship
                30.    Private Recreational Use           33.     Recreational Building
                34.    Residential Building               41.     Shop
11.3            CONDITIONS AND RESTRICTIONS

11.3.1          ENVIRONMENTAL IMPACT ASSESSMENT

11.3.1.1        Detailed design and actual development shall be subject to Integrated
                Environmental Management procedures to determine the appropriate level of
                environmental assessment and management. Reference shall be made to all
                relevant present and future studies to ensure that appropriate and sustainable
                development takes place in Nodes A, B, C and D.

11.3.1.2        The local authority shall regard the assessment, as amended from time to time, as
                a guide to the standard of management that is to be maintained and, should it
                appear in the opinion of the local authority, that this standard is not being
                maintained, it may serve a notice on the owners requiring them within a reasonable
                period to be specified in the notice, to remedy such situation.
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11.3.1.3       Such assessment shall address the integration of the site into the adjacent
               conservation/open space areas and in particular proposed access to the water's
               edge.

11.4           DEVELOPMENT/SITE DEVELOPMENT PLANS

11.4.1         The owner shall not develop any area, whether in part or in whole, without
               prior approval by the local authority of a Development Plan/Site Development
               Plan, as set out in Clauses 1.6 and 1.12 respectively, of this Scheme.

11.4.2         Such Plan shall set out the details of the proposed development in
               accordance with Clauses 3.2.3, 3.2.4, 3.2.5, 3.2.6, 3.2.8, 6.1.8 and 6.1.9 in
               particular. It shall, furthermore, include relevant environmental and
               landscape details arising from the environmental assessment.

11.4.3         The development nodes A, B, C and D shall be in accordance with the
               principles contained in the MOSS Plan, and be in keeping with and forming
               an integral part of the Conservation-Amenity reservation which surrounds the
               nodes.

11.4.4         The Development and/or Site Development Plan shall detail all relevant bulk
               factors, viz., relevant height, floor areas, coverage and other related
               requirements, in respect of development of the areas, denoted Nodes A, B, C
               and D along the shores of Lake Mzingazi, shall be determined to the
               satisfaction of the Council.
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CLAUSE TWELVE

12.                    DETAILS OF RIGHTS PERMITTED TO BE EXERCISED AND CONDITIONS AND
                       RESTRICTIONS APPLICABLE TO A CASINO RESORT DEVELOPMENT ON A
                       PORTION OF REMAINDER OF ERF 5333 RICHARDS BAY

12.1                   USE ZONE: XXXVIII: “Casino Resort”

12.2                   USE:

12.2.1                 PURPOSE FOR WHICH BUILDINGS MAY BE ERECTED AND USED AND FOR
                       WHICH LAND MAY BE USED (FREE ENTRY USES)

                                                     MAXIMUM PERMISSIBLE FLOOR AREA RATIO,
                                                              COVERAGE & HEIGHT
                       COLUMN 3
                                                   FLOOR AREA
                                                                        COVERAGE               HEIGHT
                                                      RATIO
           Casino ( as defined in terms of the
           Kwa-Zulu Natal Gambling Act, Act
           10 of 1996)
           13. Educational Building
           17. Hotel
           23. Municipal Purposes                       0,20                 20%                      4
           27. Place of Public Amusement
           28. Place of Public Assembly
           30. Private Recreational Use
           33. Recreational Building
           34. Residential Building

12.2.2                 PURPOSE FOR WHICH BUILDINGS MAY BE ERECTED AND USED AND FOR
                       WHICH LAND MAY BE USED ONLY WITH THE CONSENT OF COUNCIL
                       (CONSENT USES)

                                                      MAXIMUM PERMISSIBLE FLOOR AREA RATIO,
                                                               COVERAGE & HEIGHT
                        COLUMN 4
                                                       FLOOR
                                                                       COVERAGE               HEIGHT
                                                     AREA RATIO
           12. Dwelling House
                                                         0,20               20%                   2
           22. Medium Density Housing
           41. Shop
           42. Special Building                          0,20               20%                   4
           49. Marina Infrastructure

12.3                   CONDITION AND RESTRICTIONS

12.3.1.1               PURPOSE FOR WHICH BUILDINGS SHALL NOT BE ERECTED AND/OR USED
                       AND FOR WHICH LAND SHALL NOT BE USED (PROHIBITED USES)

                       Any purpose not included in the aforegoing paragraphs 12.2.1 and 12.2.2.

12.3.1.2               HEIGHT

                       The maximum height of buildings to be erected on the property shall not exceed
                       height restrictions included in the aforegoing paragraphs 12.2.1 and 12.2.2,
                       provided that Council, under exceptional circumstances may consent to the
                       erection of buildings or structures, such as architectural features, to a height of not
                       more than eight (8) storeys.
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12.3.1.3       BUILDING LINES

               The following building lines shall be applicable:

               On street boundaries: 8 meters;

               On boundary with Mzingazi Canal: unspecified, subject to the provision of the Sea-
               Shore Act 21 of 1935, as amended, regarding the construction of any structure
               below the high-water mark of the sea and the recommendations emanating from
               an Environmental Impact Assessment in terms of Section 21 of the Environment
               Conservation Act 73 of 1989, regarding the construction of any building or structure
               close to the edge of the Mzingazi Canal; and

               On western and north-western boundaries with future Mzingazi Canal Marina
               development: 10 meters.

12.4           ENVIRONMENTAL IMPACT ASSESSMENT
               Development shall be subject to an Environmental Impact Assessment as set out
               in the Environment Conservation Act 73 of 1989, and the prior approval of a
               Development Plan and or Site Development Plan by Council as contemplated in
               Clauses 1.6 and 1.12 of the Scheme.

12.5           GRANTING OF A CASINO LICENCE
               Development shall be subject to the successful granting of a casino licence to a
               casino licence applicant in accordance with the KwaZulu Natal Gambling Act 10 of
               1996. An unsuccessful casino licence applicant cannot claim that any conditional
               zoning or planning authority for a casino resort development, as set out in this
               document, constitutes authority or precedent for any other development, whether
               on the original extent of the site or any amendment thereto as referred to in the
               aforegoing paragraph 3.

12.6           GARDEN RESERVE
               A ten (10) meter wide garden reserve shall be provided parallel and contiguous to
               the full length of the casino resort site boundary with the John Ross Parkway and
               the future Mzingazi Canal marina, subject thereto that the:

               (i)    garden reserve shall, within a period of one year from the date of occupation
                      of buildings on the site or of the commencement of activities thereon,
                      whichever is the sooner, be developed and landscaped with lawns and
                      gardens, at the cost of the Owner to the satisfaction of Council and thereafter
                      be maintained by the Owner at his cost to the satisfaction of Council. In the
                      event of such development, landscaping and maintenance not occurring to
                      the satisfaction of Council, Council may take remedial action as
                      contemplated, mutatis mutandis, in sub-clause 3.2.2.3; and

               (ii)   Council may grant its permission to the construction of buildings or structures
                      of a purely decorative nature within the garden reserve.

12.7           DEFINITION OF “CASINO”
               A “casino” means any building in and premises upon which casino games, bingo
               and gaming machines may be played under the authority, and in accordance with
               the stipulated conditions, of a casino licence, bingo licence or licence to promote
               and conduct lotteries, whether temporary or final, granted by the Provincial Cabinet
               and issued by the KwaZulu Natal Gambling Board in terms of the KwaZulu Natal
               Gambling Act 10 of 1996. A Casino may include the following ancillary uses:

               Hairdressing salon, book shop, newsagent, automatic vending machines, travel
               agent, florist, booking agent, restaurant, curio shop or bank agency.

               Provided that:

               (i)    for the purpose of this Use Zone the definition of such aforesaid ancillary uses
                      and activities shall be at the sole discretion of Council;
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               (ii)   no commercial advertising of such aforesaid ancillary uses and activities shall
                      be permitted on the site so as to be visible from the outside of the building;

               (iii) access to such ancillary uses and activities shall be from within the Casino;
                     and

               (iv) for the purpose of Floor Area Ratio, Coverage and height determination such
                    aforesaid ancillary uses and activities shall be deemed to be part of the
                    Casino.

12.8           PARKING
               Parking and loading accommodation shall be in accordance with Clauses 5.2 and
               5.3 of the Scheme.

12.9           OTHER CONDITIONS AND RESTRICTIONS
               The provisions of the Scheme, where not at variance with the aforegoing, shall
               apply mutatis mutandis.
  RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                    73


CLAUSE THIRTEEN

13.               DETAILS OF RIGHTS PERMITTED TO BE EXERCISED AND CONDITIONS AND
                  RESTRICTIONS APPLICABLE TO THE BAYSHORE-ALKANTSTRAND NODE


13.1              USE ZONE: XXXIX: “Bayshore-Alkantstrand Node”

13.2              USE:

13.2.1            PURPOSES FOR WHICH BUILDINGS MAY BE ERECTED AND USED AND FOR
                  WHICH LAND MAY BE USED (FREE ENTRY USES)
                   6.      Caravan Park                  26.     Parking Garage and Parking Lot
                   8.      Cluster Housing               27.     Place of Public Amusement
                   12.     Dwelling House                28.     Place of Public Assembly
                   13.     Educational Building          29.     Place of Public Worship
                   16.     Grouped Housing               30.     Private Recreational Use
                   17.     Hotel                         32.     Public Office
                   20.     Launderette                   33.     Recreational Building
                   22.     Medium Density Housing        34.     Residential Building
                   23.     Municipal Purposes            41.     Shop
                   24.     Office Building

13.2.2            PURPOSES FOR WHICH BUILDINGS MAY BE ERECTED AND USED AND FOR
                  WHICH LAND MAY BE USED ONLY WITH THE CONSENT OF COUNCIL
                  (CONSENT USES)
                   4.      Automotive Showroom           36.     Restricted Commercial Building
                   5.      Automotive Workshop           39.     Service Industry
                   10.     Commercial Workshop           40.     Service Workshop
                   25.     Parks for Mobile Homes        42.     Special Building
                   26.     Public Garage                 49.     Marina Infrastructure

13.2.3            PURPOSES FOR WHICH LAND MAY BE RESERVED IN TERMS OF THE
                  SCHEME
                   Conservation Amenity             Proposed street and street widening
                   Public Open Space                Approximate position of proposed street
                   Existing Street                  Railway and harbour Sewage disposal works
                   Street to be closed              Public car park
                   Water works
13.3              CONDITIONS AND RESTRICTIONS

13.3.1            USE: PURPOSES FOR WHICH BUILDINGS SHALL NOT BE ERECTED AND
                  USED AND FOR WHICH LAND SHALL NOT BE USED:

                  Any purpose not included in the foregoing paragraphs 13.2.1 and 13.2.2.

13.3.2            FLOOR AREA RATIO, HEIGHT AND COVERAGE

                  At the sole discretion of Council provided that the maximum permissible Floor Area
                  Ratio, Coverage and Height shall not exceed the prescribed Floor Area Ratio,
                  Coverage and Height, which apply to the different land use types which will come
                  into effect when properties in Use Zone XXXIX: “Bayshore-Alkantstrand Node” be
                  zoned to an appropriate other zoning. Maximum height of buildings to be erected
                  shall furthermore be limited to the maximum height restriction as determined from
  RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                               74


                          time to time by the Harbour Authority as based on the Portnet lines of sight, to
                          enable efficient control over water activities.

13.3.3                    OTHER CONDITIONS AND RESTRICTIONS

                          Development shall be subject to an Environmental Impact Assessment, and the
                          prior approval of a Development Plan and/or Site Development Plan by Council as
                          contemplated in Clauses 1.6 and 1.12 of the Scheme Development of the
                          Bayshore-Alkantstrand Node or part/s thereof shall furthermore be subject to
                          successful subdivision and subsequent rezoning of the site or part/s thereof from
                          the enabling zoning “Use Zone XXXIX: Bayshore-Alkantstrand Node” to an
                          appropriate other use zone contained in Schedule 4 of the Scheme.

13.3.4                    UPPER PERCENTAGE LIMITS ON LAND USE CATEGORIES

                                                                                   USE ZONE XXXIX
                                  LAND USE CATEGORY
                                                                        BAYSHORE-ALKANTSTRAND NODE
                           Residential                                                   60%
                           Commercial                                                    60%
                           Recreational and open space                                   70%
                           Industrial                                                    10%
                           Educational / Municipal / Devotional                          15%
                           Office Buildings                                              30%
                           Public parking, reservations & roads                          25%
                           Marina Infrastructure                                         20%
                           Essential Services                                             5%
                           Garage and Automotive-related                                  3%
                           Public Open Space                                             10%

13.3.5                    KEY TO LAND USE CATEGORY

                                                                LAND USES AND BUILDING TYPES
         LAND USE CATEGORY
                                                                         (Examples)
                                              Chalets, Cluster Housing, Dwelling House, Grouped Housing,
  Residential
                                              Medium Density Housing, Residential Building
                                              Caravan Park, Commercial Workshop, Hotel, Launderette, Parking
  Commercial                                  Garage and Parking Lot, Parks for Mobile Homes, Place of Public
                                              Amusement, Restricted Commercial Building, Shop
                                              Place of Public Assembly, Private Recreational Use, Recreational
  Recreational
                                              Building
  Industrial                                  Service Industry, Service Workshop
                                              Municipal Purposes, Place of Public Worship, Public Office,
  Educational / Municipal / Devotional
                                              Educational Building
  Office Buildings                            Office Building
                                              Existing Street, Street to be closed, Approximate position of
  Public parking, reservations and
                                              proposed street, Proposed street and street widening, Public Car
  roads
                                              Park
  Marina Infrastructure                       Marina Infrastructure
  Essential Services                          Waterworks, Railway and harbour, Sewage disposal works
  Garage and Automotive-related               Automotive Showroom, Automotive Workshop, Public Garage
  Public Open Space                           Conservation Amenity, Public Open Space
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SCHEDULE 1:             DEFINITIONS

DEFINITIONS IN TERMS OF PARLIAMENTARY OR PROVINCIAL LEGISLATION

         The following terms and expressions shall have the meanings assigned thereto by the indicated
         legislation as may be amended from time to time.
 1.1        Administrator                        Town Planning Ordinance 1949, No. 27 of 1949
 1.2        Appeals Board                        Town Planning Ordinance 1949, No. 27 of 1949
 1.3        Architect                            Architects Act 1970, No. 35 of 1970
 1.4        Commission                           Town Planning Ordinance 1949, No. 27 of 1949
 1.5        Erf                                  Town Planning Ordinance 1949, No. 27 of 1949
 1.6        Nuisance                             Local Authorities Ordinance 1974, No. 25 of 1974
 1.7        Premises                             Local Authorities Ordinance 1974, No. 25 of 1974
 1.8        Street                               Town Planning Ordinance 1949, No. 27 of 1949
 1.9        Town Clerk                           Local Authorities Ordinance 1974, No. 25 of 1974
 1.10       Port Authority (or Portnet” a
            division of Transport Service
                                                 Legal succession to South African
            Act, No. 9 of 1989 Transnet Ltd
                                A83
            (Reg.No90/0900/06)
OTHER DEFINITIONS

         The following terms and expressions shall have the following meanings:

 1.       Arcade                    means an area not covered by a roof and bounded by an existing or
                                    proposed building or buildings on both sides and reserved exclusively for
                                    pedestrian traffic but may include fountains, benches and other similar
                                    features.
 2.       Approval                  means "Approval" of the Council as contemplated in Clause 4 of the
                                    Scheme.
 3.       Basement                  means any storey of a building or portion thereof where either:
                                     (i) the floor level of such storey is two metres (2m) or more below the
                                           mean finished ground level of the site on which such building or
                                           portion thereof is erected; or
                                     (ii) the ceiling level of such storey is below a level of one metre (1m)
                                           above finished ground level.
 4.       Building                  means a structure, either temporary or permanent, of any nature or
                                    description whatsoever and, without in any way limiting the ordinary
                                    meaning of the word, shall include, inter alia:
                                     (i) any structure at, above or below ground level;
                                     (ii) any addition or alteration to an existing structure;
                                     (iii) any wall, fence, swimming pool, swimming bath, reservoir, tower,
                                           bridge, chimney, mast, summerhouse, or hothouse;
                                     (iv) any projection from or appurtenance to a structure at, above or below
                                           ground level;
                                     (v) any portion of a structure; and
                                     (vi) any part of a building.
 5.       Building used for a       and similar terms and expressions in this Schedule includes the use of
          purpose                   land, whether there is a building on such land or not, for such specific
                                    purpose.
 6.       Building Line             means a line parallel to any boundary of a Erf which is continuous with a
                                    street, public right of way or road reservation; or in the case of "hatched
                                    shaped" Erfs, a line parallel to the boundary nearest to the street which is
                                    not a boundary of the access strip.

A83
      AMENDMENT 83 ON HARBOUR AREA, COUNCIL RESOLUTION 2595, 26-1-93
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7.    Building Use           "building use" and "use of a building" and similar expressions, without in
                             any way limiting the ordinary meaning thereof, includes:
                              (i) the purpose for which buildings may be used as defined in Schedule
                                   3 of the Scheme; and
                              (ii) the erection of a building.
8.    Boarding House         Boarding House means an accommodation establishment which:
      A158
                              (i) is not licensed in terms of the Liquor Act (Act 57 of 1995, as
                                   amended); and
                              (ii) offers accommodation to more than twelve lodgers at any one
                                   time;provided that the provisions of Clause 3.2.5.1 of this Scheme
                                   shall apply to a Boarding House.
9.    By-laws                means the bylaws, prescriptions and Council regulations promulgated in
                             terms of the Local Authorities Ordinance 1974, No. 25 of 1974, as
                             amended, or any other Ordinance repealed by such first said Ordinance
                             and which are effective within the area of the Scheme.
10.   Cluster Housing Site   means a defined area of land upon which Cluster Housing is established
                             or upon which Cluster Housing comprising of Dwelling Unit Curtilages and
                             Common Land, but excluding any land required by the Council for public
                             purposes, may be established in terms of this Town Planning Scheme.
11.   Consent                means "Consent" of the Council as contemplated in Clause 4 of the
                             Scheme.
12.   Coverage               shall have the following meanings:
                              1. "Actual Coverage" means the proportion of a site expressed as a
                                   percentage of the area of such site at or above finished ground level,
                                   covered by all buildings, on such site and shall include:
                             1.1 walls of buildings;
                             1.2 any covered or roofed area;
                             1.3 stairs, steps, landings, galleries, passages, ramps and similar
                                   features, whether internal or external;
                             1.4 canopies, balconies, verandahs, porches, stoeps and similar
                                   features; and
                             1.5 internal courtyards, light wells and any uncovered shaft where the
                                   area of such feature does not exceed 10m².
                                   Provided that minor decorative features not projected more than 1,0
                                   metre from a wall of a building such as eaves, cornices, pergolas,
                                   and flower boxes, water pipes, drain pipes, private swimming pools
                                   and paved surfaces shall be excluded from actual coverage.
                              2. "Permissible Coverage" means the proportion of a site expressed as
                                   a percentage of the area of such site which shall not be exceeded by
                                   the "actual coverage" of all buildings on such site.
13.   Common Land            means that portion of a Cluster Housing site which is set aside for the use
                             and enjoyment of all the occupants of the Dwelling Units on the Cluster
                             Housing site.
14.   Common Open            means that portion of Common Land which is not covered by vehicular
      Space                  road reserves and parking areas but may include walkways, whether
                             grassed or hardened, and structures or buildings intended for purely
                             recreational use, by the occupants of Dwelling Units.
15.   Development            without in any way limiting the ordinary meaning thereof, shall include any
                             undertaking or enterprise associated with the use of land or the
                             construction or reconstruction of any building or the addition to or alteration
                             of any building.
16.   Dwelling Unit          means a self contained Dwelling for a single family consisting of a
                             Habitable Room or group of inter-leading Habitable Rooms, bathroom or
                             bathrooms and one kitchen together with such other rooms, outbuildings,
                             accessories, accommodation for bona fide domestic servants and/or other
                             covered areas as are in the opinion of the Council, customary used
                             therewith, used exclusively as the self containing dwelling for a single
                             family.
       RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                             77


 17.       Dwelling Unit             means a single defined area of land forming part of a Cluster Housing site
           Curtilage                 comprising the land upon which a Dwelling Unit is erected or is intended to
                                     be erected together with such private open space areas and other areas
                                     as are reserved for the exclusive use of the occupants of the Dwelling
                                     Unit.
 18.       Dwelling unit Erf         means a Erf, the area of which is permitted to be less than the minimum
                                     Erf size prescribed for Dwelling Houses in terms of this Town Planning
                                     Scheme, which forms part of a Group Housing site and upon which a
                                     single Dwelling Unit may be erected and used.
 19.       Effective date            shall mean the effective date as is set out in sub-clause 1.3.1 of this
                                     Scheme.
 20.       Existing building         Existing building and existing work shall mean receptively:
                                      (i) a building or work lawfully erected, constructed or carried out before
                                            the effective date;
                                      (ii) a building or work lawfully erected, constructed or carried out in
                                            pursuance of a valid approval granted before the effective date; or
                                      (iii) a building or work lawfully erected, constructed or carried out in
                                            accordance with a Permission, Approval or Consent granted by the
                                            Council pending the preparation and adoption of the Scheme.
 21.       Erection of a             Includes:
           building                   (i) the structural alteration of or addition to a building; and
                                      (ii) the change of use of a building from one use to another.
 22.       Existing Use              in relation to any building or land means the continuous use of such
                                     building or land for the same purpose for which such building or land was
                                     actually and lawfully being used on the effective date or, as the case may
                                     be, immediately prior to a pertinent amendment to one or more of the
                                     provisions of this Scheme, and may include a use of a building or land
                                     approved by the Council pending the preparation and adoption of the
                                     Scheme.
 23.       Family                    means:
                                      (i) a single person maintaining an independent household;
                                      (ii) two or more persons related by blood or marriage maintaining a
                                            common household; or
                                      (iii) not more than four unrelated persons maintaining a common
                                            household.
 24.       Floor area and floor      "Floor Area" means the sum of all areas comprising a floor of a building
                     A158
           area ratio                measured over the outside dimensions of the external walls thereof, and
                                     except where otherwise indicated, shall exclude the following:
                                      (i) any area, other than an area within a public garage, parking garage
                                            and automotive showroom, which is used exclusively for the parking
                                            of motor vehicles;
                                      (ii) any area used for the loading and unloading of motor vehicles;
                                      (iii) any area within a basement used exclusively for storage purposes;
                                      (iv) any area used for lift motor rooms, water storage tanks, fire escapes,
                                            the accommodation of centralised plant for mechanical ventilation or
                                            air conditioning or the treatment of effluent, electricity transformer
                                            rooms, electricity substations, electricity meter rooms and the storage
                                            of garbage or refuse awaiting removal, and any area within a
                                            commercial building used exclusively for the provision of public
                                            conveniences.
                                            The term "public convenience" means a room in which sanitary
                                            fittings, as defined in the National Building Regulations and Building
                                            Standards Act (Act 103 of 1977), are provided to the satisfaction of
                                            the Council for use by the general public;
                                      (v) any area upon an uncovered roof used for any other purpose than for


A158
       AMENDMENT 158, COUNCIL RESOLUTION 1083, 25-03-98
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                                       which in this Scheme buildings may be erected and used;
                                 (vi) any area to which the general public has access and which, in the
                                       opinion of the Council, comprises bona fide pedestrian shopping
                                       arcades, malls or part thereof, provided that such area is not itself
                                       used for any business or commercial purpose whatsoever; and
                                 (vii) features of a purely decorative nature such as ledges, spires, turrets
                                       and belfries.
      Actual Floor Area Ratio   means the ratio obtained by dividing the total floor area of all floors of a
                                building or buildings by the area of the site whereon such building or
                                buildings is or are erected or intended to be erected. Provided that an
                                area for a street or street widening where such area is donated to or
                                acquired by the Council free of all cost and compensation, may be
                                included in the area of the site for purposes of calculating Floor Area
                                Ratio.
      Permissible Floor Area    in respect of a site means the maximum Floor Area Ratio which shall not
      Ratio                     be exceeded by the Actual Floor Area Ratio of all buildings erected and
                                existing on such site.
                                F.A.R.= Total Floor Area of all floors of
                                         a building or buildings
                                         Total area of the site
25.    Grouped Housing          means a defined area of land upon which Grouped Housing is established,
       Site                     or is proposed to be established, and which comprises Dwelling Unit Erfs
                                together with such public open spaces and streets as the Council may
                                require or has required as a condition of approval of the Grouped Housing.
26.    Height                   means the height of a building in storeys or floors and is expressed as a
                                number.
27.    Home Owners              means a company registered in terms of Section 21 of the Companies Act,
       Association              No. 61 of 1973, as amended, membership of which shall be exclusive to
                                and compulsory for owners of Dwelling Unit Curtilages in a Cluster
                                Housing site.
28.    Habitable Room           means any room designed for human occupation, but excludes
                                bathrooms, waterclosets, staircases, passage-ways, garages, lift cars,
                                photographic dark rooms, kitchens, sculleries, domestic laundries or cold
                                rooms.
29.    Land                     includes land covered by water and any right in or over land.
30.    Land Use                 "Land Use" and "Use of Land" and similar expressions, without in any way
                                limiting the ordinary meaning thereof, includes the purposes for which land
                                may be used as defined in the Scheme.
31.    Map                      which includes the expressions "Town Planning Scheme Map" and
                                "Scheme Map" means the maps, diagrams and drawings which are
                                lawfully part of the Town Planning Scheme.
32.    Mall                     means an area covered by a roof forming part of a building and reserved
                                exclusively for pedestrian traffic, but may include fountains, benches and
                                other similar features.
33.    Medical Officer of       means any Medical Officer of Health appointed by the Council in terms of
       Health                   Section 199 of the Local Authorities Ordinance 1974, No. 25 of 1974,
                                together with any amendment thereto and includes any Medical
                                Practitioner lawfully acting in that capacity and may further include any
                                Health Officer, in service of the Council and authorised by the Medical
                                Officer of Health to undertake any specified duty.
34.    Non-conforming Use       in relation to any building, land or other premises means the continued use
                                of an existing use pertaining to such building, land or other premises for a
                                purpose or in any manner whatsoever which is not in conformity with or
                                constitutes a breach of any of the provisions of the Scheme, but is
                                otherwise lawful.
35.    Occupier                 means any person in actual, lawful occupation of land or a premises and
                                shall, without regard to the title under which he occupies the land or
                                premises, include the agent or attorney of any such person absent from
                                the area of the Scheme or whose whereabouts are unknown.
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 36.       Ordinance                 unless otherwise indicated means the Town Planning Ordinance 1949, No.
                                     27 of 1949, together with any schedule thereto and any regulation framed
                                     thereunder, as may be amended from time to time.
 37.       Outbuilding               means a building customary used in conjunction with a Dwelling Unit or
                                     Dwelling Units, and used for the garaging of private motor vehicles,
                                     storeroom, servant's rooms, servant's toilet, workroom and other such
                                     similar uses.
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 38.       Owner                     in relation to any building or land means and includes:
                                     (i) the person, including a juristic persona, in whose name the title to
                                            such building or part thereof or land is registered and may include:
                                            (a) a body corporate as defined in the Sectional Titles Act (Act 95 of
                                                 1986) as amended.
                                            (b) a Home Owners Association as herein defined.
                                     (ii) if such person is dead, insolvent, mentally disordered or defective, a
                                            minor, under any legal disability or for any other reason is unable to
                                            meet his responsibilities as an owner, the person in whom the
                                            administration of such first person's estate is vested, whether as
                                            executor, guardian, attorney, agent or any other capacity whatsoever;
                                     (iii) the lessee, if the premises area leased in terms of a deed of lease
                                            which, for the validity of such deed for lease, requires registration in
                                            terms of law;
                                     (iv) if an owner as contemplated in the foregoing is absent from the area
                                            of the Scheme or his whereabouts are unknown, the agent or
                                            attorney of such owner or any person receiving or by law entitled to
                                            receive rent in respect of any building, land or other premises.
 39.       Permission                means permission of the Council as contemplated in Clause 4 of the
                                     Scheme.
 40.       Private Open Area         means a usable area of a Dwelling Unit Curtilage exclusive of service
                                     areas, driveways and parking areas, which is open to the sky and which is
                                     adjacent to and has direct access from the Dwelling Unit on the Dwelling
                                     Unit Curtilage such private open area being reserved for the exclusive use
                                     of the occupants of the associated Dwelling Unit and may include patios
                                     and an area covered by a verandah.
 41.       Resident                  means any person in actual residence or actually dwelling in or upon any
                                     premises and who in the opinion of the Town Council, is a primary
                                     occupant.
 42.       Rear Boundary             means that boundary of a Erf which is furthest from any street boundary
                                     and which does not meet any street boundary.
 43.       Scheme                    Town Planning Scheme and similar expressions shall mean the Richards
                                     Bay Town Planning Scheme and shall include any lawful:
                                      (i) amendment thereto or variation or modification thereof;
                                      (ii) prohibition, restriction and condition imposed in terms thereof;
                                      (iii) permission, approval, consent or other authority granted in terms
                                            thereof;
                                      (iv) schedule, annexure or other document included therein; and
                                      (v) any map, plan, diagram, drawing or similar document included
                                            therein.
 44.       Side Boundary             means any of those boundaries of a Erf which meet a street boundary and
                                     any other boundary which is neither a street boundary nor a rear boundary.
 45.       Site                      means a registered subdivision of land or a subdivision of land which is
                                     capable of being registered on which a building or group of buildings is
                                     erected or intended to be erected. Provided that:
                                      (i) in the case of two or more such subdivisions of land being required to
                                            be consolidated or otherwise combined in order that the provisions of
                                            the Scheme or any condition imposed by the Council in terms of the
                                            Scheme may be complied with, site shall mean such consolidated or

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                                           otherwise combined subdivisions of land; and
                                      (ii) site shall include any servitude in respect of electricity, water, sewer,
                                           drain, cable, pipeline or pedestrian right of way registered or capable
                                           of being registered over any such aforesaid subdivision of land, but
                                           shall not include any other servitude or any public place.
                                     Provided further that in the case of a registered subdivision of land or a
                                     subdivision of land which is capable of being registered, on which a
                                     building or group of buildings is erected or intended to be erected, falling
                                     within two or more Use Zones, each portion of such subdivided land
                                     coincidental to each such Use Zone shall be considered to be a separate
                                     site as though each separately zoned portion of such subdivided portion of
                                     land constituted a separate subdivision of land.
                    A158
 46.       Storey                    means each of the horizontal sections of a building, one above the other
                                     and having a floor. Without in any way limiting the above mentioned
                                     meaning thereof, storey shall include:
                                     (i) any roof structure which contains an area which falls within the scope
                                           of the definition of floor area, or which exceeds 4,5 metres in height;
                                     (ii) a mezzanine storey, in the event of the total area of the floor of such
                                           mezzanine storey being greater than 20% of the area of the floor of
                                           the storey immediately below such mezzanine storey;
                                     (iii) any ground storey not used exclusively for the purpose of parking
                                           motor vehicles;
                                     (iv) for the purpose of measuring the height of a building, any storey
                                           which is not a basement.
                                     Provided that, notwithstanding the foregoing, each 4,5 metres or part
                                     thereof of the vertical height of a building measured from the mean
                                     finished ground level shall be considered to be a storey.
                                     For the purposes of this definition:
                                      (a) the terms mezzanine storey and ground storey shall have the
                                           meanings assigned thereto by the National Building Regulations and
                                           Building Act (Act 103 of 1977), and as may be amended from time to
                                           time.
 47.       Street                    means a street as defined in the Ordinance, together with any amendment
                                     thereto, and includes a street to which the public have acquired a
                                     prescriptive or other right of way.
 48.       Street Boundary           shall mean that portion of the boundary of a Erf which abuts on and is
                                     coincidental with the boundary of a street or proposed street.
 49.       Usable Common             means that usable portion of common land which is not covered by
           Open Space                vehicular road carriageways, parking areas and communal facilities of a
                                     non-recreational nature, but includes walkways, structures intended for
                                     recreational use and a children's playing area or areas.
 50.       Used                      without in any way limiting the ordinary meaning and in addition thereto, in
                                     relation to the purpose for which a building may be or is used, includes the
                                     purpose for which a building may be or is designed, erected or in any way
                                     intended to be used.
 51.       Zone                      means a portion of the area of the Scheme, shown on the Town Planning
                                     Scheme Maps by distinctive symbol or in some other manner; or
                                     designated as such in the Scheme, for the purpose of indicating the
                                     prohibitions, restrictions or conditions imposed or rights permitted by the
                                     Scheme.




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SCHEDULE 2:   CONTRAVENTIONS OF THE SCHEME

1.                Any person who knowingly or unknowingly:
                  (i)     does, performs or permits any act, matter or thing, or as the case may be,
                          fails to do any act, matter or thing which, in terms of the Scheme is deemed
                          to be a contravention of the Scheme; or
                  (ii)    executes or permits any work or does or permits any other matter or thing
                          contrary to any provision of the Scheme without such authority as it may be
                          competent for the Council to grant, or contrary to any condition subject to
                          which such authority was given; or
                  (iii)   fails to comply with any provision of the Scheme; or
                  (iv)    fails to comply with the requirements of any notice lawfully issued in terms of
                          the Scheme and duly served upon him; or
                  (v)     uses or permits to be used any land or building in a manner contrary to any
                          provision of the Scheme; or
                  (vi)    does, performs or permits any other act, matter or thing, or as the case may
                          be fails to do any other act, matter or thing, which in terms of Section 77 of
                          the Ordinance is deemed to be an offence; or
                  (vii)   evades the intent and purpose of the Scheme;
                  shall, in terms of Section 77 of the Town Planning Ordinance 1949, No. 27 of 1949,
                  as amended, be guilty of an offence and liable, on conviction, to the penalty
                  provided for in the said section of the said Ordinance.
                  Provided that:
                  (a)     each separate contravention of the Scheme shall be deemed to be a
                          separate offence;
                  (b)     the institution of a prosecution or other legal proceedings for an offence
                          under this sub-clause shall not in any manner be construed as inhibiting or
                          restricting any lawful right of the Council to prosecute or institute
                          proceedings under any other law, bylaw or regulation.
2.                No person shall do, perform, permit or cause to be done, any act, matter or thing
                  which is offensive or injurious or tends to prejudice:
                  (i)     the safety, good order, peace or health of the area of the Scheme or part
                          thereof; or
                  (ii)    the rights or reasonable comfort, convenience, peace or quiet of any
                          neighbourhood within the area of the Scheme.
3.                Obstruction of Officer and False Information
                  Any person who fails to give or refuses access to any premises, to any authorised
                  officer or servant of the Council, or obstructs or hinders him in the execution of his
                  duties, or who fails or refuses to give information that he, in terms of the Scheme,
                  may lawfully be required to give, or who gives false or misleading information
                  knowing it to be false or misleading, or who prevents any person from lawfully
                  entering any land or premises for the purpose of complying with any requirement in
                  terms of this Scheme, shall be deemed to have contravened the Scheme.
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SCHEDULE 3:           BUILDING AND LAND USE TYPES : INTERPRETATION

Unless the context of this Scheme clearly indicates to the contrary, the following building types and Land Use
types have the meaning and interpretation hereinafter assigned thereto:

 1.      Agricultural Building           means a building used in connection with, or which would ordinarily be
                                         incidental to, or reasonably necessary, in connection with the use of the
                                         site of that building as agricultural land.
 2.      Agricultural Industry           means a building used for the intensive production in any form
                                         whatsoever, of poultry, gamebirds, livestock and allied products, and
                                         includes any final processing of these commodities.
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 3.      Agricultural Land               means arable, meadow or pasture land, market gardens, poultry farm,
                                         nursery garden and land used for the purpose of breeding or keeping
                                         domestic animals, poultry or bees and includes any buildings connected
                                         therewith, provided that buildings, connected with the housing of cats
                                         and/or dogs shall be deemed to be a Special Building.
 4.      Automotive Showroom             means a building or site used for the exhibition or display of substantially
                                         roadworthy motor vehicles and/or seaworthy marine craft for purposes of
                                         sale, hiring out or lease.
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 5.      Automotive Workshop             means a workshop or other area used for the repair, restoration,
                                         lubrication and/or service of motor vehicles and/or parts thereof and/or
                                         electrical and/or mechanical equipment and may include facilities such as
                                         service bays, grease pits and wash bays, but shall not include facilities for
                                         panel beating or spray painting.
 6.      Caravan Park                    means a site providing for the accommodation of two or more caravans or
                                         which is intended for use as or zoned for such accommodation, whether a
                                         fee for such accommodation is levied or not; provided that for the purpose
                                         of this definition a "caravan" shall mean any vehicle or similar transferable
                                         or movable structure with no foundation other than wheels or jacks and
                                         which is designed, constructed or used for dwelling or sleeping purposes
                                         and, without limitation of the definition, may also include a mobile home or
                                         trailer.
 7.      Chalet Development              means a grouping of a number of chalets on a Erf; a chalet meaning a
                                         dwelling unit used as a holiday dwelling with a floor area not exceeding 55
                                         sq metres and not less than 35 sq metres, consisting of not more than 3
                                         living rooms with or without sanitary convenience, bathroom, shower and
                                         kitchen, together with approved outbuildings or ancillary buildings to be
                                         used in conjunction with a chalet or series of chalets, but shall not include
                                         a dwelling house, residential building, grouped housing or cluster housing.
                                         A series of chalets shall denote any grouping of a number of chalets.
 8.      Cluster Housing                 means two or more attached and/or detached dwelling units standing
                                         within the boundaries of a cluster housing site, each dwelling unit having
                                         direct access to a private open area and having access to common land,
                                         the whole development being harmoniously designed.
 9.      Commercial                      means a light industry which caters for the local customer or provides a
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         Workshop                        service direct to the retail customer and which is directly associated with a
                                         shop or an office building in respect of which the public, as customer, has
                                         access, but excludes a Public Garage.
 10. Drive-in Theatre                    means a site prepared and equipped for the viewing of cinema
                                         performances from parked motor vehicles and includes public
                                         conveniences and may, with the approval of the Council, include a
                                         Dwelling Unit for a caretaker or manager's use.
 11. Dwelling House                      means a detached free standing building, comprising a single Dwelling
                                         Unit, which does not form part of either Cluster Housing or Grouped
                                         Housing, Medium Density Housing or Chalets, used as a Dwelling Unit for
                                         a single family together with such outbuildings as are customary used
                                         incidental therewith.


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 12. Educational Building            means a building used as a university, school, college, technical institute
                                     or similar institute and includes a research laboratory, art gallery, museum
                                     or library within the same site and incidental to such uses and further
                                     includes a building used as an academy, lecture hall, crèche, nursery
                                     school, monastery, convent, or for other instruction and may include
                                     ancillary Dwelling Units used in conjunction with the use of a main building
                                     as an educational building and other ordinary ancillary buildings within the
                                     same site, but expressly excludes a Restricted Building.
 13. Extractive Industry             means a process of extracting, mining, winning or quarrying of raw
                                     materials from the ground, including gravel, sand and stone and includes
                                     buildings and crushing plant used in connection with such process.
 14. Funeral Parlour                 means a building or land used for the purpose of funeral management
                                     and/or for the reception of human corpses prior to burial or cremation and
                                     includes;
                                      (i) a shop intended primarily for public reception and for the sale and
                                            display of those commodities required for cemetery purposes,
                                            funerals and services ordinarily ancillary to funeral management;
                                      (ii) a funeral chapel; and
                                      (iii) a workshop for the manufacture of coffins and funeral furniture; but
                                            expressly excludes a monumental mason and/or crematorium.
 15. Grouped Housing                 means a group of two or more attached and/or detached Dwelling Units
                                     standing within the boundaries of a Grouped Housing site, each Unit
                                     standing on a Erf whose area is permitted to be less than the minimum Erf
                                     size prescribed for Dwelling Houses in the Zone within which it is situated
                                     in recognition of the existence of a related area of public open space and
                                     the harmonious design of the whole development.
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 16. Hotel                           means a facility offering transient lodging accommodation to the general
                                     public and providing additional services, such as restaurants, meeting
                                     rooms, entertainment, recreational facilities and in respect of which a hotel
                                     liquor licence has been or is intended to be issued under the Liquor Act
                                     1977, as amended.
 17. Industry                        means any activity, undertaking, premises, building and/or land falling
                                     within the scope of the interpretation of a factory in terms of the Factories,
                                     Machinery and Building Work Act, 1941, Act No. 22 of 1941, as amended
                                     from time to time; and shall include any activity exercised on and/or any
                                     office and/or other building on the same site, the use of which is incidental
                                     to and reasonably necessary in connection with the use of such factory;
                                     but for the purpose of this Scheme shall exclude any activity, undertaking,
                                     premises and/or land which may be classed as an "Extractive Industry" or
                                     a "Restricted Industry".
 18. Institution                     means the exclusive use of a building or buildings and associated
                                     exclusive use of land used for the purpose of:
                                      (i) a hospital, nursing home, sanatorium, public clinic, convalescent
                                            home or one or more such uses;
                                      (ii) an orphanage, old age home; or
                                      (iii) other public, private or welfare institution and may include such
                                            buildings, within the same site, as are ordinarily and reasonable
                                            ancillary or necessary to the conduct of such institution, such as
                                            buildings for administrative purposes and for the residential
                                            accommodation of essential staff members; but expressly excludes
                                            buildings or activities falling within the scope of the definition of
                                            "Restricted Building".
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 19. Laundrette                      means a building used for the purpose of washing and drying clothing and
                                     household linen, where the machines used are electronically operated and
                                     quiet running, and of the type of which processes each customer's articles
                                     individually, and which are or may be operated by the customer for a fee.
                                     The washing media used shall be of a type that shall not cause harmful
                                     effluent to be discharged into the sewerage system. A laundrette is

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                             differentiated from a laundry in that the machines used in a laundry cannot
                             be operated by the customer.
20. Light Industry           means an industry as defined, other than a Restricted Industry or an
                             Extractive Industry, in which the processes carried on or the machinery
                             installed are of such nature that it could be carried out or operated without
                             any detriment to amenity or to health by reason of, inter alia:
                             (i) noise, vibration or glare;
                             (ii) odour, gas, fumes or smoke;
                             (iii) soot, ash, dust, grit or other particulate matter;
                             (iv) radiation, fire or explosion hazards;
                             (v) electronic or electromagnetic interference;
                             (vi) heat or humidity; and/or
                             (vii) the discharge of any other vapour, gas, effluvium, liquids and solid
                                    matter.
21. Medium Density Housing   means a group of two or more attached and/or detached, Single and/or
                             Double Storey Dwelling Units, other than Chalet, Grouped Housing or
                             Cluster Housing together with such outbuildings as are customary ancillary
                             thereto with each Dwelling Unit having direct access to its own contiguous
                             ground level garden and access to Common Land, the whole development
                             having been designed as an harmonious entity.
22. Municipal Purposes       means and includes the use of land and the erection and use of buildings
                             by or on behalf of the Council for the purpose of carrying out one or more
                             municipal functions which may include the supply of essential protective,
                             health, community, administra-tive, support or other similar services and
                             the provision of housing, recreational or other similar facilities, but does
                             not include a Sewerage Works.
23. Office Building          means a building or a part of a building comprising:
                             (i) offices;
                             (ii) professional chambers;
                             (iii) consulting rooms;
                             (iv) waiting rooms ancillary to professional chambers and consulting
                                    rooms;
                             (v) any other rooms or areas normally incidental and ancillary to the use
                                    of the foregoing but shall not include any building falling within the
                                    scope of the definitions of Public Office or Shop.
24. Parks for Mobile Homes   means a site laid out and provided to the satisfaction of the Council with
                             adequate roads, essential services, open spaces and communal facilities,
                             intended for the accommodation of house boats, as well as factory
                             assembled self-contained dwelling units, each unit of which can be
                             transported from the factory to the destination in not more than two pieces
                             and which, when placed in position, whether on land or in water, is ready
                             for occupation once the essential services have been connected.
25. Parking Garage and       means respectively a building or land constructed, designed, used or
    Parking Erf              otherwise adapted to be used for the parking of roadworthy motor
                             vehicles, other than parking required in terms of Clause 5.2 read together
                             with Schedule 6, Part II, and other than contemplated in the definition of
                             Automotive Showroom and shall not include any building or land used for a
                             purpose falling within the definition of Salvage Industry, Public Garage
                             and/or Automotive Workshop.
26. Place of Public          means a building or land used for purposes of public entertainment and
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    Amusement                includes a theatre, opera house, cinema, music hall, concert hall, dance
                             hall, amusement arcade, a casino and/or a licensed premises for a
                             maximum of five slot machines in both instances as defined in terms of the
                             KwaZulu-Natal Gambling Act and in all cases subject to licensing by the
                             KwaZulu-Natal Gambling Board in terms of the said Act, skating rink,
                             billiard saloon and/or commercial exhibition hall, but shall not include a
                             horse racing track, motor racing circuit, sports arena, and/or Drive-in
                             Theatre; provided that a bar/restaurant/refreshment kiosk may be
                             permitted, at the sole discretion of Council, as an ancillary facility integral
                             to the business defined as a place of public amusement, and further
                             subject thereto that such bar/restaurant/refreshment kiosk shall cease to
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                                     exist in the event that the place of public amusement ceases to operate.
 27. Place of Public                 means a building or buildings and associated use of land used for
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     Assembly                        organised social meetings, gatherings, conferences, exhibitions and
                                     recreation and includes a non-residential club (including a refreshment
                                     kiosk/bar/restaurant for the exclusive use by members of the club, subject
                                     thereto that such bar/restaurant/refreshment kiosk shall cease to exist in
                                     the event that the place of public assembly ceases to operate), but does
                                     not include a Place of Public Amusement and/or Place of Public Worship.
 28. Place of Public Worship         means a building or buildings and associated use of land used for religious
                                     purposes such as a church, chapel, synagogue, mosque and/or other
                                     place of public devotion and includes a building used as a Sunday School,
                                     place of religious education and/or other building used for purposes of
                                     religious and social intercourse or recreation where such other building is
                                     within the same site and incidental to any of the first mentioned buildings,
                                     but shall not include a Funeral Parlour.
 29. Private Recreational Use        means sport and/or recreation facilities associated with, but secondary to
                                     the residential use of land and used exclusively by the residents of
                                     dwelling units on the site.
 30. Public Garage                   means a building, used for the fuelling or storage of motor vehicles by way
                                     of trade or for purposes of gain and may include Automotive Showrooms,
                                     Automotive Workshops, and facilities for the sale of fuels, lubricants,
                                     automotive parts, spares, accessories, and associated office
                                     accommodation.
 31. Public Office                   means a building used for purposes of Local, Provincial and/or Central
                                     Government offices and includes a Town Hall, Court House, Police
                                     Station, Post Office, Public Library, Local Authority Clinic and buildings
                                     ordinarily incidental thereto.
 32. Recreational Building           means sports grounds and/or playing fields of a club, firm, private person
                                     or other body including buildings normally ancillary to recreation activities
                                     such as a clubhouse, gymnasium, squash court, pavilion, shelter, change
                                     rooms and/or any similar buildings used in conjunction with sport.
 33. Residential Building            means a building other than a Dwelling House, Medium Density Housing,
                                     Chalets, Hotel, Grouped Housing or Cluster Housing, used for human
                                     habitation together with such outbuildings, accessories and
                                     accommodation for bona fide domestic servants and other covered areas
                                     as are, in the opinion of the Council customary used therewith, and
                                     includes a block of flats, boarding house, residential club or residential
                                     hostel, but expressly excludes any building mentioned in the definitions of
                                     Educational Building, Institution and/or Restricted Building.
 34. Restricted Building             means a building, buildings or land used exclusively for purposes of:
                                      (i) a hospital, sanatorium, dispensary or clinic for the exclusive
                                            treatment of infections or contagious diseases;
                                      (ii) an institution or home for mental defectives;
                                      (iii) a mental hospital;
                                      (iv) a goal, prison or other place of lawful detention;
                                      (v) an industrial school, reformatory, place of safe keeping or other
                                            approved school; and/or
                                      (vi) a public or private assistance institution, building and/or land for
                                            people in despair, need or assistance.
 35. Restricted Commercial           means a building, buildings and/or land used for carrying on any
     Building                        commercial or business activity, expressly exclusive of retail trading or
                                     manufacturing and activities falling within the scope of the definitions of
                                     Shop and Office building. Provided that a building or activity falling within
                                     the scope of the interpretation of a factory in terms of the Factories,
                                     Machinery and Building Work Act, 1941 (Act No. 22 of 1941 as amended,
                                     may be included where such building or activity is subsidiary and ancillary
                                     to the conduct of the main commercial or business activity; provided
                                     further that any Industry, Restricted Industry, Salvage Industry or
                                     Extractive Industry shall be excluded. Without prejudice to the generality


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                                     of the foregoing, any building or buildings used for offices which are
                                     subsidiary and ancillary to the main commercial or business activity,
                                     distribution centres, wholesale trading, warehousing and similar storage
                                     purposes, laboratories, transport and cartage activities may be included.
 36. Restricted Industry             which includes the terms "Special Industry", "Offensive Industry", "Noxious
                                     Industry" and "Noxious Trade" means any activity or undertaking, or any
                                     buildings or land used for any purpose, which:
                                     1. is, in terms of the “Regulations Relating to Offensive Trades”
                                           promulgated in respect of the area of jurisdiction of the Richards Bay
                                           Council in terms of Section 39 (1) read with Section 40 (1) (a) (i) of the
                                           Health Act, 1977, Act No. 63 of 1977, as amended, in the Government
                                           Gazette of 23 June 1978 under Regulation No. R1287 and as may be
                                           amended from time to time:
                                           (i) "noxious", "offensive" or "a danger or potential danger to public
                                                  health"; and/or
                                           (ii) referred to in Schedule A of the aforesaid regulations;
                                     2. is used in connection with the carrying on of a "Scheduled Process" as
                                           defined in the Atmospheric Pollution Prevention Act, 1965, Act No. 45
                                           of 1965, as amended, or which may give rise to a "Noxious or
                                           Offensive Gas” as defined in the said Act; and/or
                                     3. falls within the scope of the definition of "Explosive Factory" under the
                                           Explosives Act 1956, No. 26 of 1956, as amended, whether such
                                           activity or undertaking or use of any building or land falls within the
                                           scope of the definition of Industry or not.
                                     Provided that in any application where both the Medical Officer of Health
                                     and the Town Clerk certify that the process which it is proposed to employ
                                     in the conduct of such activity or undertaking will be such that any
                                     nuisance or danger to health will be eliminated, the activity, undertaking or
                                     use of a building or land, as the case may be, may be included within the
                                     definition of Industry.
 37. Salvage Industry                means the use of a building or buildings or the use of land for one or more
                                     of the following purposes:
                                     (i) the storage, depositing or collection of scrap or waste material or
                                              articles whose value lies mainly or entirely in that of the material of
                                              which they are composed; and/or
                                     (ii) the dismantling of second-hand vehicles or machines for the purpose
                                              of recovering spare parts or material therefrom; and/or
                                     (iii) the storage or sale of second- hand pipes, poles, steel or other metal
                                              sections, wire, timber, bricks, other building material, vehicle parts,
                                              containers or other articles capable of being left in the open without
                                              serious detriment thereto.
                         A158
 38. Service Industry                means a light industry catering specifically for the local customer or
                                     domestic trade and may include a laundry, a builders yard (and similar,
                                     allied activities) and/or other related and similar uses that are compatible
                                     with the character of a service industrial area.
                            A158
 39. Service Workshop                means a light industry, providing a direct service to the retail customer.
          A158
 40. Shop                            means a building used for the purpose of carrying on or conducting any
                                     retail trade or retail business where the primary purpose is the sale of
                                     goods by retail, and shall include inter alia,
                                     (i)        a hairdresser or barber;
                                     (ii)       a ticket, booking or travel agency;
                                     (iii)      a showroom other than an Automotive Showroom;
                                     (iv)       a cafe, restaurant, bar or other premises used for the sale or
                                                consumption of food and drink;
                                     (v)        a dry cleaning or laundry depot or other similar premises for the
                                                reception of goods to be washed, cleaned, altered or repaired;
                                     (vi)       an auction mart and book exchange;
                                     (vii) a bottle store and hotel off-sales or other premises in respect of


A158
       AMENDMENT 158, COUNCIL RESOLUTION 1083, 25-03-98
       RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                                 87


                                               which a bottle liquor licence or an off-consumption licence is
                                               required in terms of the Liquor Act, (Act 57 of 1995, as amended);
                                       (viii) banking and other similar financial halls;
                                       (ix)    health studio, beauty parlour, slimming salons and/or a massage
                                               parlour; and
                                       (x)     ancillary buildings ordinarily incidental to the conduct of a retail
                                               business.
                                       Provided that shop expressly excludes:
                                       (i)     any activity or use of buildings or land falling within the scope of the
                                               definitions of Industry, Extractive Industry, Salvage Industry and
                                               Restricted Industry;
                                       (ii)    a Public Garage or Automotive Workshop;
                                       (iii)   businesses of a primarily wholesale nature; and
                                       (iv)    a Totalisator Agency.
                           A73
 41. Special Building                  means a building type or use of land either not included in this Schedule or
                                       used for any use other than a use for which buildings or land, included in
                                       this schedule, may be used.
 42. Totalisator Agency                means the use of land and/or buildings for purposes of a “totalisator” as
                                       defined in the Horse Racing and Betting Control Consolidated Ordinance,
                                       (Ord No. 28 of 1957, as amended)
                                 A73
 43. Veterinary Purposes               means the use of land and/or buildings for the treatment of the diseases
                                       and/or injuries of domestic animals and subject to the approval of the
                                       Council may include such treatment of any other animal.
                     A83
 44. Bookmaker                         means the use of land and/or buildings for purposes of conducting the
                                       businesses of or acts as a “bookmaker” as defined in the Horse Racing
                                       and Betting Control Consolida-ted Ordinance 1957, No. 28 of 1957, as
                                       amended.
 45. Bulk Storage A73 A83 A158 A88     means the stockpiling, handling and distribution of products in bulk for
         A119
                                       import or export within the area of jurisdiction of the Port Authority, the
                                       storage and processing of commodities for import or export therein and
                                       the storage and process-ing of those bulk liquids and chemicals therein
                                       and which are directly associated with the functioning and operation of port
                                       activities, but shall exclude a Restricted Industry as defined in the Scheme.
 46. Additional Dwelling Unit          As contemplated in Clause 3.2.3.2.2 of the Scheme and notwithstanding
         A113
                                       the provisions of Schedule 1 No. 24 of the Scheme, Additional Dwelling
                                       Unit means a free standing or coupled building, comprising a self-
                                       contained dwelling unit which does not form part of cluster housing, group
                                       housing, medium density housing or chalets, used as a dwelling unit for a
                                       single family and including such outbuildings, garages and stoep areas as
                                       are customary used and incidental thereto, with the understanding that
                                       only one additional dwelling unit will be permitted on any one Erf.”
 47. Informal Trade Area A107          means an area in which any economic activity on a small scale is
                                       permitted, provided each undertaking does not occupy a defined space
                                       greater than 40m² in each area. Provided further that, notwithstanding
                                       anything stated to the contrary in these clauses, no specific provision shall
                                       apply to such area, unless considered necessary and so specified by
                                       Council.
 48. Marina Infrastructure             means a building and/or structure - whether fixed of floating - used for and
                                       relating to the activities and daily operation of a marina/small craft harbour
                                       including amongst others craft and yacht mooring facilities, floating quays,


A73
      AMENDMENT 73 ON TOTALISATOR AGENCY AND BOOKMAKER, COUNCIL RESOLUTION 1913, 27-8-91
A83
      AMENDMENT 83 ON HARBOUR AREA, COUNCIL RESOLUTION 2595, 26-1-93
A158
       AMENDMENT 158, COUNCIL RESOLUTION 1083, 25-03-98
A88
      AMENDMENT 88 ON ADDITIONAL DWELLING UNIT, COUNCIL RESOLUTION 3019, 23-11-1993
A119
       AMENDMENT 119 ON ADDITIONAL DWELLING UNITS, COUNCIL RESOLUTION 805, 18-06-96
A113
       AMENDMENT 113 ON BUS AND TAXI RANK, COUNCIL RESOLUTION 3400, 25-07-94
A107
       AMENDMENT 107 ON MARINA DEVELOPMENT, COUNCIL RESOLUTION 362, 9-11-95
 RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                  88


                    trot moorings, boat sheds, buoys and jetties.
49. Home Industry   Means any activity, purpose or use other than residential, including any
                    occupation, profession, trade, bona fide hobby or business as
                    contemplated in and subject to the provisions of Clause 3.2.3.1.3 and
                    3.2.3.1.4 which, to the sole discretion of Council and subject to any other
                    applicable provisions in this Scheme or any of Council’s other bylaws,
                    involves a small scale venture or operation to be carried out from a
                    residential premises without constituting a nuisance in the general of the
                    word or in any other way having a detrimental effect on the character and
                    good order of a residential area or township, and which does not detract
                    from the primary residential character of the dwelling unit concerned;
                    further provided that any activity falling within the definition of Schedule 3
                    No. 41. Shop shall be restricted to a maximum total and all inclusive floor
                                 2
                    area of 20m .
50. Lodge           Means a building or group of buildings under single management
                    containing both rooms and/or dwelling units available for temporary rental
                    to transient individuals and may include services such as conference and
                    recreational facilities, shop and Laundromat for the exclusive use of
                    residents only and shall exclude a Place of Public Entertainment
                                                    RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                                                                                                                        89


        SCHEDULE 4:              USE ZONES AND MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT
  COLUMN 1            COLUMN 2                                               COLUMN 3                                                                                     COLUMN 4                                                           COLUMN 5


                                                                                          MAXIMUM PERMISSIBLE FLOOR              PURPOSE FOR WHICH BUILDINGS MAY BE                    MAXIMUM PERMISSIBLE FLOOR
                                        PURPOSE FOR WHICH BUILDINGS MAY BE                AREA RATIO, COVERAGE AND                                                                     AREA RATIO, COVERAGE AND
                                                                                                                                 ERECTED AND FOR WHICH LAND MAY BE                                                            PURPOSE FOR WHICH BUILDING SHALL
                                      ERECTED AND USED AND FOR WHICH LAND MAY                      HEIGHT                                                                                       HEIGHT
  USE ZONE         REFERENCE TO MP                                                                                               USED ONLY WITH THE CONSENT OF THE                                                            NOT BE ERECTED AND / OR USED AND
                                                      BE USED
                                                                                                                                           TOWN COUNCIL                                                                       FOR WHICH LAND SHALL NOT BE USED
                                                        3 (I)
                                                                                         3 (II)        3(III)           3 (IV)                  4 (I)                                 4 (II)        4 (III)          4 (IV)
                                                                                         FAR         COVERAGE          HEIGHT                                                         FAR         COVERAGE          HEIGHT
                                                                                        Subject to the provisions of clause      47.   Additional Dwelling Unit, subject to          Subject to the provisions of Clause
                                      12.   DWELLING HOUSE
                                                                                        3.2.3.2.5                                      Clause 3.2.3.2.2                              3.2.3.2.2
                                                                                                                                 13.   EDUCATIONAL BUILDING
USE ZONE I:
                  COLOURED YELLOW                                                                                                32.   PUBLIC OFFICE: RESTRICTED TO                                                           Buildings and land uses not included in
SPECIAL                                                                                                                                                                              0,25        25 %               2
                  NO. 1                                                                                                                LOCAL AUTHORITY CLINIC ONLY                                                            columns 3 and 4.
RESIDENTIAL 1                         30.   PRIVATE RECREATIONAL USE   A34
                                                                                        0,35        35%                2         42.   SPECIAL BUILDING
                                                                                                                                 29.   PUBLIC PLACE OF WORSHIP                       0,25        25 %               U.R
                                                                                                                                 23.   MUNICIPAL PURPOSESA119 A88                    0,30        30 %               2
                                                                                                                                 13.   EDUCATIONAL BUILDING
                                                                                                                                                                                     0,30        25%                2
                                                                                                                                 19.   INSTITUTION
                                      12.   DWELLING HOUSE                              0,30        30%                2                                                                               A33
                                                                                                                                 34.   RESIDENTIAL BUILDING                          0,30        30%                2
USE ZONE II:      COLOURED YELLOW                                                                                                42.   SPECIAL BUILDING                              0,30        25%                2         Buildings and land uses not included in
SPECIAL           NO. 1 AND HATCHED
                                      8.    CLUSTER HOUSING                                                                                                                                                                   columns 3 and 4.
RESIDENTIAL 2     YELLOW NO. 7                                                                            A33
                                                                                        0,30        30%                2         29.   PLACE OF PUBLIC WORSHIP                       0,25        25%                U.R.
                                      16.   GROUPED HOUSING
                                                                                                          A33
                                      22.   MEDIUM DENSITY HOUSING                      0,35        30%                2         23.   MUNICIPAL PURPOSES                            0,30        30%                2
                                      30.   PRIVATE RECREATIONAL USE                    As per residential usage implemented     51.   LODGE                                         0,35        35%                2
                                                                                                                                 13.   EDUCATIONAL BUILDING
                                                                                                                                                                                     0,25        25 %               2
                                      12.   DWELLING HOUSE                                                                       19.   INSTITUTION
                                      8.    CLUSTER HOUSING                             0,30        30% A33            2         34.   RESIDENTIAL BUILDING                          0,30        30% A33            2
                  COLOURED
USE ZONE III:                         16.   GROUPED HOUSING                                                                      42.   SPECIAL BUILDING                              0,25        25%                2
                  YELLOW NO. 1                                                                                                                                                                                                Buildings and land uses not included in
SPECIAL
                  AND BORDERED                                                                                                   7.    CHALETS                                       0,35        25 %               2         columns 3 and 4.
RESIDENTIAL 3
                  YELLOW NO. 7
                                      22.   MEDIUM DENSITY HOUSING                      0,35        30 % A33           2         29.   PLACE OF PUBLIC WORSHIP                       0,25        25 %               U.R
                                      51. LODGE                                         0,35        35&                2
                                      30.   PRIVATE RECREATIONAL USE                    As per residential usage implemented     23.   MUNICIPAL PURPOSES                            0,30        30 %               2




        A34
              AMENDMENT 34 ON COVERAGE AND F.A.R., SPECIAL RESIDENTIAL, COUNCIL RESOLUTION 63, 27-10-87
        A119
                AMENDMENT 119 ON ADDITIONAL DWELLING UNITS, COUNCIL RESOLUTION 805, 18-05-96
        A88
              AMENDMENT 88 ON ADDITIONAL DWELLING UNIT, COUNCIL RESOLUTION 3019, 23-11-1993
        A33
              AMENDMENT 33 ON COVERAGE, COUNCIL RESOLUTION 2548, 30-9-86
                                                    RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                                                                                                       90



  COLUMN             COLUMN 2                                          COLUMN 3                                                                                 COLUMN 4                                                    COLUMN 5
                                                                                    MAXIMUM PERMISSIBLE FLOOR            PURPOSE FOR WHICH BUILDINGS MAY BE                   MAXIMUM PERMISSIBLE FLOOR
                                        PURPOSE FOR WHICH BUILDINGS MAY BE          AREA RATIO, COVERAGE AND                                                                  AREA RATIO, COVERAGE AND
                                                                                                                         ERECTED AND FOR WHICH LAND MAY BE                                                   PURPOSE FOR WHICH BUILDING SHALL
                                      ERECTED AND USED AND FOR WHICH LAND MAY                HEIGHT                                                                                    HEIGHT
  USE ZONE       REFERENCE TO MAP                                                                                        USED ONLY WITH THE CONSENT OF THE                                                   NOT BE ERECTED AND / OR USED AND
                                                      BE USED
                                                                                   3 (II)       3 (III)         3 (IV)             TOWN COUNCIL                              4 (II)     4 (III)    4 (IV)    FOR WHICH LAND SHALL NOT BE USED
                                                        3 (I)
                                                                                   FAR        COVERAGE         HEIGHT                   4 (I)                                FAR      COVERAGE    HEIGHT
                                                                                                                         13.   EDUCATIONAL BUILDING
                                                                                                                         19.   INSTITUTION
                                      12.   DWELLING HOUSE                         0,30           30 %             2                                                         0,50       25 %        8 A7
                                                                                                                         29.   PLACE OF PUBLIC WORSHIP
                                                                                                                         42.   SPECIAL BUILDING
                                                                                                                         17.   HOTEL
                                                                                                                         27.   PLACE OF PUBLIC AMUSEMENT                   A + 0,1
                                      8.    CLUSTER HOUSING                                                                                                                Refer to
                                                                                                30 %A33                                                                                                 A7
                                                                                   0,30                            2           AND/OR                                                   25 %        8
                                      16.   GROUPED HOUSING                                                                                                                Clause
                                                                                                                         28.   PLACE OF PUBLIC ASSEMBLY                    3.2.5.2
                                                                                                                               WHICH FORM PART OF A HOTEL
USE ZONE IV:
                 COLOURED BROWN                                                                                          7.    CHALETS:                                                                      Buildings and land uses not included in
GENERAL
                 NO. 61                                                                                                        Restricted and subject to the approval of                                     columns 3 and 4.
RESIDENTIAL 1
                                      22.   MEDIUM DENSITY HOUSING                 0,35         30 %A33            2           the Town Council i.r.o. only that part of     0,35       25 %            2
                                                                                                                               the area of the Town Council as defined
                                                                                                                               by Proclamation No. 27 of 1954 dated
                                                                                                                               07.02.62
                                      51.   LODGE                                  0,35           35%              2
                                                                                  A + 0,1
                                                                                  Refer to                               26.   PARKING GARAGE AND/OR PARKING
                                      34.   RESIDENTIAL BUILDING                                30 % A33          8A7                                                        1,00     60 %        8A7
                                                                                  Clause                                       ERF
                                                                                  3.2.5.2
                                      30.   PRIVATE RECREATIONAL USE              As per residential usage implemented   23.   MUNICIPAL PURPOSES                            0,30       30 %            2
                                                                                                                         13.   EDUCATIONAL BUILDING
                                      12.   DWELLING HOUSE                         0,30           30%              2     19.   INSTITUTION                                   0,35       25 %            3
                                                                                                                         42.   SPECIAL BUILDING
                                      8.    CLUSTER HOUSING                                                              17.   HOTEL EXCLUDING HOTEL WITH
                                                                                   0,30         30 % A33           2                                                         0,50       25 %            3
USE ZONE V:      COLOURED BROWN       16.   GROUPED HOUSING                                                                    LIQUOR LICENCE                                                                Buildings and land uses not included in
GENERAL          NO. 61 AND HATCHED                                                                                                                            A185
                                                                                                                         28.   PLADE OF PUBLIC ASSEMBLY                                                      columns 3 and 4.
RESIDENTIAL 2    BROWN NO. 61         22.   MEDIUM DENSITY HOUSING                 0,35         30 % A33           2                                                         0,35       25 %        U.R
                                                                                                                         29.   PLACE OF PUBLIC WORSHIP
                                      34.   RESIDENTIAL BUILDING                   0,50         30 % A33           3     23.   MUNICIPAL PURPOSES                            0,30       30 %            2
                                      51.   LODGEA185                              0,35           35%              2
                                      30.   PRIVATE RECREATIONAL USE              As per residential usage implemented




        A33
              AMENDMENT 33 ON COVERAGE, COUNCIL RESOLUTION 2548, 30-9-86
        A7
             AMENDMENT 7 0N HEIGHT RESTRICTION, COUNCIL RESOLUTION 196, 10-3-82
        A185
                                                        RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                                                                                           91


  COLUMN              COLUMN 2                                          COLUMN 3                                                                             COLUMN 4                                                COLUMN 5
                                                                                        MAXIMUM PERMISSIBLE FLOOR                                                       MAXIMUM PERMISSIBLE FLOOR
                                                                                        AREA RATIO, COVERAGE AND              PURPOSE FOR WHICH BUILDINGS MAY BE        AREA RATIO, COVERAGE AND
                                         PURPOSE FOR WHICH BUILDINGS MAY BE                                                                                                                             PURPOSE FOR WHICH BUILDING
                                                                                                 HEIGHT                       ERECTED AND FOR WHICH LAND MAY BE                  HEIGHT
                                       ERECTED AND USED AND FOR WHICH LAND MAY                                                                                                                         SHALL NOT BE ERECTED AND / OR
  USE ZONE        REFERENCE TO MAP                                                                                            USED ONLY WITH THE CONSENT OF THE
                                                       BE USED                                      3 (III)                                                                       4 (III)              USED AND FOR WHICH LAND SHALL
                                                                                        3 (II)                    3 (IV)                TOWN COUNCIL                    4 (II)               4 (IV)
                                                         3 (I)                                     COVERA                                                                        COVERA                         NOT BE USED
                                                                                        FAR                      HEIGHT                      4 (I)                      FAR                 HEIGHT
                                                                                                     GE                                                                            GE
                                      17.   HOTEL
                                      27.   PLACE OF PUBLIC AMUSEMENT
                                                                                         1,00        60%            8A7      12.   DWELLING HOUSE                       0,30      30 %        2
                                      28.   PLACE OF PUBLIC ASSEMBLY WHICH FORMS
                                            PART OF THE HOTEL
                                                                                         A+
                                                                                     0,1Refer to                             8.    CLUSTER HOUSING
                                      34.   RESIDENTIAL BUILDING                                    30 %A33         8A7                                                 0,30      25 %        2
                                                                                       Clause                                16.   GROUPED HOUSING
                  COLOURED BROWN                                                       3.2.5.2
USE ZONE VI:      NO. 61 AND                                                                                                                                                                          Buildings and land uses not included in
HOTEL             BORDERED BROWN                                                                                             22.   MEDIUM DENSITY HOUSING               0,35      25 %        2       columns 3 and 4.
                                                 A185
                  NO. 64              51. LODGE                                          0,35        35%            2        26.   PARKING GARAGE AND/OR PARKING
                                                                                                                                                                        1,00      60 %        8A7
                                                                                                                                   ERF
                                                                                                                             13.   EDUCATIONAL BUILDING
                                                                                                                             19.   INSTITUTION
                                                                                                                                                                        0,35       25%        8A7
                                      30.   PRIVATE RECREATIONAL USE                  As per residential usage implemented   29.   PLACE OF PUBLIC WORSHIP
                                                                                                                             42.   SPECIAL BUILDING
                                                                                                                             23.   MUNICIPAL PURPOSES                   1.00      60 %        8A7

                                      4.    AUTOMOTIVE SHOWROOM                                                              13.   EDUCATIONAL BUILDING
                                      10.   COMMERCIAL WORKSHOP                                                              19.   INSTITUTION
                                      20.   LAUNDERETTE                                                                      21.   LIGHT INDUSTRY
                                      23.   MUNICIPAL PURPOSES                                                               26. PARKING GARAGE
                                      24.   OFFICE BUILDING                                                                  27. PLACE OF PUBLIC AMUSEMENT
USE ZONE VII:
                  COLOURED BLUE NO.   30.   PRIVATE RECREATIONAL USE (EXCEPT ON                                              28. PLACE OF PUBLIC ASSEMBLY                                             Buildings and land uses not included in
LIMITED                                                                                 1,25         100 %          UR                                                  1,25      100 %      UR
                  39                        GROUND FLOOR)                                                                    29. PLACE OF PUBLIC WORSHIP                                              columns 3 and 4.
COMMERCIAL 1
                                      32.   PUBLIC OFFICE                                                                    33. RECREATIONAL BUILDING
                                      34.   RESIDENTIAL BUILDING (EXCEPT ON GROUND                                           42. SPECIAL BUILDING
                                            FLOOR)                                                                           43. TOTALISATOR AGENCY ON GROUND
                                      40.   SERVICE WORKSHOP                                                                     FLOOR ONLYA73 A29
                                      41.   SHOP                                                                             45. BOOKMAKER




        A7
             AMENDMENT 7 ON HEIGHT RESTRICTION, COUNCIL RESOLUTION 196, 10-3-82
        A33
               AMENDMENT 33 ON COVERAGE, COUNCIL RESOLUTION 8548, 30-9-86
        A185

        A73
               AMENDMENT 73 ON "TOTALISATOR AGENCY" AND "BOOKMAKER", COUNCIL RESOLUTION 1913, 27-8-91
        A29
               AMENDMENT 29 SUBSTITUTION OF “TOTALISATOR AGENCY” WITH “BETTING DEPOT”, COUNCIL RESOLUTION 2591, 28-10-86
                                                     RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                                                                                                   92



      COLUMN 1                 COLUMN 2                                               COLUMN 3                                                                 COLUMN 4                                                  COLUMN 5

                                                                                                                               PURPOSE FOR WHICH BUILDINGS MAY             MAXIMUM PERMISSIBLE FLOOR
                                                     PURPOSE FOR WHICH BUILDINGS                MAXIMUM PERMISSIBLE FLOOR                                                                                  PURPOSE FOR WHICH BUILDINGS
                                                                                                                                 BE ERECTED AND USED AND FOR               AREA RATIO, COVERAGE AND
                                                     MAY BE ERECTED AND USED AND                RATIO, COVERAGE AND HEIGHT                                                                               SHALL NOT BE ERECTED AND / OR USED
      USE ZONE            REFERENCE TO MAP                                                                                     WHICH LAND MAY BE USED ONLY WITH                     HEIGHT
                                                      FOR WHICH LAND MAY BE USED                                                                                                                          AND FOR WHICH LAND SHALL NOT BE
                                                                                               3 (II)     3 (III)    3 (IV)   THE CONSENT OF THE TOWN COUNCIL 4       4 (II)        4 (III)     4 (IV)
                                                                  3 (I)                                                                                                                                                 USED
                                                                                               FAR      COVERAGE    HEIGHT                    (I)                     FAR         COVERAGE     HEIGHT
                                                4.     AUTOMOTIVE SHOWROOM
                                                10.    COMMERCIAL WORKSHOP
                                                20.    LAUNDERETTE                                                            13.   EDUCATIONAL BUILDING
                                                23.    MUNICIPAL PURPOSES                                                     19.   INSTITUTION
                                                24.    OFFICE BUILDING                                                        21.   LIGHT INDUSTRY
                                                30.   PRIVATE RECREATIONAL USE                                                26.   PARKING GARAGE
                                                      (EXCEPT ON GROUND FLOOR)                                                28.   PLACE OF PUBLIC ASSEMBLY
                                                32. PUBLIC OFFICE                                                             29.   PLACE OF PUBLIC WORSHIP
                         COLOURED BLUE NO. 39
USE ZONE VIII: LIMITED                          34. RESIDENTIAL BUILDING                                                      33.   RECREATIONAL BUILDING                                                Buildings and land uses not included in
                         AND HATCHED BLUE NO.                                                  0,375      25 %        UR                                              0,375         25 %         UR
COMMERCIAL 2                                          (EXCEPT ON GROUND                                                       42.   SPECIAL BUILDING                                                     columns 3 and 4.
                         32
                                                      FLOOR)
                                                                                                                              43.   TOTALISATOR AGENCY ON
                                                40. SERVICE WORKSHOP                                                                GROUND FLOOR ONLYA73
                                                41. SHOPA160                                                                        A29

                                                Note: The use of Portion 9 of Erf 11334                                       27.   PLACE OF PUBLIC AMUSEMENT
                                                      shall be limited to a fast food retail                                  45.   BOOKMAKER
                                                      outlet as detailed on plan no.
                                                      CBD/TP/P/139, approved by the
                                                      Town Engineer i.t.o. Clause 1.12 of
                                                      this Scheme on 23.09.1998.

                                                4.     AUTOMOTIVE SHOWROOM                                                    13.   EDUCATIONAL BUILDING
                                                10.    COMMERCIAL WORKSHOP                                                    15.   FUNERAL PARLOUR
                                                20.    LAUNDERETTE                                                            19.   INSTITUTION
                                                23.    MUNICIPAL PURPOSES                                                     21.   LIGHT INDUSTRY
                                                24.    OFFICE BUILDING                                                        28.   PLACE OF PUBLIC ASSEMBLY
                         COLOURED BLUE NO. 31   27.    PLACE OF PUBLIC AMUSEMENT                                              29.   PLACE OF PUBLIC WORSHIP
USE ZONE IX: SPECIAL                                                                                                                                                                                     Buildings and land uses not included in
                         AND BORDERED RED NO.   30.    PRIVATE RECREATIONAL USE                1,00       100 %       U.R     33.   RECREATIONAL BUILDING                 1,00      100 %        U.R
COMMERCIAL 1                                                                                                                                                                                             columns 3 and 4.
                         15                            (EXCEPT ON GROUND FLOOR)                                               42.   SPECIAL BUILDING
                                                32.    PUBLIC OFFICE                                                          43.   TOTALISATOR ON GROUND FLOOR
                                                36.    RESTRICTED COMMERCIAL                                                        ONLY A73 A29
                                                       BUILDING                                                               45.   BOOKMAKER
                                                40.    SERVICE WORKSHOP
                                                41.    SHOP




         A160
                AMENDMENT 160 ON PORTION 9 OF ERF 11334, COUNCIL RESOLUTION 1365, 25-8-98
         A73
               MENDMENT 73 ON "TOTALISATOR AGENCY" AND "BOOKMAKER", COUNCIL RESOLUTION 1913, 27-8-91
         A29
               AMENDMENT 29 SUBSTITUTION OF “TOTALISATOR AGENCY” WITH “BETTING DEPOT”, COUNCIL RESOLUTION 2591, 28-10-86
                                                     RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                                                                                         93



    COLUMN             COLUMN 2                                             COLUMN 3                                                                      COLUMN 4                                               COLUMN 5
                                                                                       MAXIMUM PERMISSIBLE FLOOR AREA   PURPOSE FOR WHICH BUILDINGS MAY         MAXIMUM PERMISSIBLE FLOOR AREA
                                          PURPOSE FOR WHICH BUILDINGS MAY BE                                                                                                                        PURPOSE FOR WHICH BUILDINGS
                                                                                         RATIO, COVERAGE AND HEIGHT       BE ERECTED AND USED AND FOR             RATIO, COVERAGE AND HEIGHT
                                        ERECTED AND USED AND FOR WHICH LAND MAY                                                                                                                     SHALL NOT BE ERECTED AND / OR
   USE ZONE        REFERENCE TO MAP                                                                                     WHICH LAND MAY BE USED ONLY WITH
                                                        BE USED                         3 (II)     3 (III)     3 (IV)                                                4 (II)     4 (III)    4 (IV)     USED AND FOR WHICH LAND
                                                                                                                        THE CONSENT OF THE TOWN COUNCIL
                                                          3 (I)                         FAR      COVERAGE     HEIGHT                                                 FAR      COVERAGE    HEIGHT          SHALL NOT BE USED
                                                                                                                                      4 (I)
                                        4.    AUTOMOTIVE SHOWROOM
                                                                                                                        13.   EDUCATIONAL BUILDING
                                        10.   COMMERCIAL WORKSHOP
                                                                                                                        15.   FUNERAL PARLOUR
                                        20.   LAUNDERETTE
                                                                                                                        19.   INSTITUTION
                                        23.   MUNICIPAL PURPOSES
                                                                                                                        21.   LIGHT INDUSTRY
                   COLOURED BLUE        24.   OFFICE BUILDING
USE ZONE X:                                                                                                             28.   PLACE OF PUBLIC ASSEMBLY
                   NO. 31 AND           27.   PLACE OF PUBLIC AMUSEMENT                                                                                                                             Buildings and land uses not included
SPECIAL                                                                                  0,50       50 %        UR      29.   PLACE OF PUBLIC WORSHIP                0,50        50 %       UR
                   HATCHED BLUE NO.     30.   PRIVATE RECREATIONAL USE (EXCEPT ON                                                                                                                   in columns 3 and 4.
COMMERCIAL 2                                                                                                            33.   RECREATIONAL BUILDING
                   32                         GROUND FLOOR)
                                        32.   PUBLIC OFFICE                                                             42.   SPECIAL BUILDING
                                        36.   RESTRICTED COMMERCIAL BUILDING                                            43.   TOTALISATOR AGENCY ON
                                                                                                                              GROUND FLOOR ONLYA73 A29
                                        40.   SERVICE WORKSHOP
                                                                                                                        45.   BOOKMAKER
                                        41.   SHOP
USE ZONE XXXI:
SPECIAL            * FOR SPECIAL COMMERCIAL 3 USE ZONE SEE USE ZONE XXXI
COMMERCIAL 3*
                                        4.    AUTOMOTIVE SHOWROOM
                                        10.   COMMERCIAL WORKSHOP
                                        17.   HOTEL
                                                                                                                        13.   EDUCATIONAL BUILDING
                                        20.   LAUNDERETTE
                                                                                                                        15.   FUNERAL PARLOUR
                                        23.   MUNICIPAL PURPOSES
                                                                                                                        19.   INSTITUTION
                                        24.   OFFICE BUILDING
                                                                                                                        21.   LIGHT INDUSTRY
                                        26.   PARKING GARAGE AND / OR PARKING ERF
USE ZONE XI:                                                                                                            29.   PLACE OF PUBLIC WORSHIP
                   COLOURED BLUE        27.   PLACE OF PUBLIC AMUSEMENT                                                                                                                             Buildings and land uses not included
GENERAL                                                                                3,0       100 %       U.R.       36.   RESTRICTED COMMERCIAL             3,0           100 %       U.R.
                   NO. 35               28.   PLACE OF PUBLIC ASSEMBLY                                                                                                                              in columns 3 and 4.
COMMERCIAL A57                                                                                                                BUILDING
                                        30.   PRIVATE RECREATIONAL USE
                                                                                                                        42.   SPECIAL BUILDING
                                        32.   PUBLIC OFFICE
                                                                                                                        43.   TOTALISATOR AGENCY ON
                                        33.   RECREATIONAL BUILDING                                                           GROUND FLOOR ONLY A29 A73
                                        34.   RESIDENTIAL BUILDING (EXCEPT ON
                                              GROUND FLOOR)
                                        40.   SERVICE WORKSHOP
                                        41.   SHOP




         A73
               AMENDMENT 73 ON "TOTALISATOR AGENCY" AND "BOOKMAKER", COUNCIL RESOLUTION 1913, 27-8-91
         A29
               AMENDMENT 29 SUBSTITUTION OF “TOTALISATOR AGENCY” WITH “BETTING DEPOT”, COUNCIL RESOLUTION 2591, 28-10-86
         A57
               AMENDMENT 57 ON SCHEDULE 4, COUNCIL RESOLUTION 1327, 31-7-90
                                               RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                                                                                          94



   COLUMN              COLUMN 2                                      COLUMN 3                                                            COLUMN 4                                                  COLUMN 5
                                             PURPOSE FOR WHICH             MAXIMUM PERMISSIBLE FLOOR     PURPOSE FOR WHICH BUILDINGS MAY BE          MAXIMUM PERMISSIBLE FLOOR
                                          BUILDINGS MAY BE ERECTED         AREA RATIO, COVERAGE AND       ERECTED AND USED AND FOR WHICH             AREA RATIO, COVERAGE AND         PURPOSE FOR WHICH BUILDINGS
                                           AND USED AND FOR WHICH                   HEIGHT                 LAND MAY BE USED ONLY WITH THE                     HEIGHT                 SHALL NOT BE ERECTED AND / OR
   USE ZONE        REFERENCE TO MAP
                                              LAND MAY BE USED                                              CONSENT OF THE TOWN COUNCIL                                              USED AND FOR WHICH LAND SHALL
                                                                         3 (II)     3 (III)     3 (IV)                                              4 (II)     4 (III)    4 (IV)
                                                                                                                                                                                              NOT BE USED
                                                     3 (I)               FAR      COVERAGE     HEIGHT                    4 (I)                      FAR      COVERAGE    HEIGHT
                                                                                                         39.   SERVICE INDUSTRY
                  COLOURED BLUE NO.                                                                      40.   SERVICE WORKSHOP
USE ZONE XII:                           23.   MUNICIPAL PURPOSES                                                                                                                   Buildings and land uses not included in
                  31 AND BORDERED                                         1,00       60 %        UR      42.   SPECIAL BUILDING                     1,00       60 %        UR
GARAGE                                  31.   PUBLIC GARAGE                                                                                                                        columns 3 and 4.
                  PURPLE NO. 23                                                                          41.   SHOP SUBJECT TO CLAUSE
                                                                                                               3.2.7.8A104
                                                                                                         1.    AGRICULTURAL BUILDING
                                                                                                         2.    AGRICULTURAL INDUSTRY
                                        4.    AUTOMOTIVE SHOWROOM                                        3.    AGRICULTURAL LAND
                                        5.    AUTOMOTIVE WORKSHOP                                        13.   EDUCATIONAL BUILDINGA81
                                        15.   FUNERAL PARLOUR                                            27.   PLACE OF PUBLIC AMUSEMENT
                                                                                                                                                    2,00       60 %        U.R.
                                        21.   LIGHT INDUSTRY                                             28.   PLACE OF PUBLIC ASSEMBLY
                                        23.   MUNICIPAL PURPOSES                                         32.   PUBLIC OFFICE
                                        36.   RESTRICTED COMMERCIAL                                      33.   RECREATIONAL BUILDING
USE ZONE XIII:    COLOURED PURPLE
                                              BUILDING                                                   38.   SALVAGE INDUSTRY                                                    Buildings and land uses not included in
SERVICE           NO. 22 AND BORDERED                                     2,00       60 %        UR
                                        39.   SERVICE INDUSTRY                                                                                                                     columns 3 and 4.
INDUSTRIAL        PURPLE NO. 22                                                                          42.   SPECIAL BUILDING
                                        40.   SERVICE WORKSHOP                                           24.   OFFICE BUILDING, SUBJECT TO
                                        44.   VETERINARY PURPOSES                                              CLAUSE 3.2.13.5(iv)
                                                                                                                                                     0,2       20%         U.R.
                                        26.   PARKING GARAGE                                             41.   SHOP, SUBJECT TO CLAUSE
                                              PARKING ERF                                                      3.2.13.5(iv)A108
                                        10. COMMERCIAL WORKSHOP                                          35.   RESTRICTED BUILDING
                                        SUBJECT TO CLAUSE 3.2.13 .5                                      43.   TOTALISATOR AGENCY ON
                                                                                                                                                    1,00       60%         U.R.
                                                                                                               GROUND FLOOR ONLYA73
                                                                                                         45.   BOOKMAKER




    A104
           AMENDMENT 104 0N USE ZONE XII GARAGE, COUNCIL RESOLUTION 277, 29-08-95
    A81
          AMENDMENT 81 ON EDUCATIONAL PURPOSES, COUNCIL RESOLUTION 2322, 28-7-92
    A108
           AMENDMENT 108 ON SHOPS AND OFFICES (MIXED USE ZONE), COUNCIL RESOLUTION 126, 25-09-1996
    A73
          AMENDMENT 73 ON "TOTALISATOR AGENCY" AND "BOOKMAKER", COUNCIL RESOLUTION 1913, 27-8-91
                                                  RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                                                                                           95



  COLUMN 1           COLUMN 2                                          COLUMN 3                                                                        COLUMN 4                                               COLUMN 5
                                                                              MAXIMUM PERMISSIBLE FLOOR RATIO,       PURPOSE FOR WHICH BUILDINGS MAY          MAXIMUM PERMISSIBLE FLOOR AREA          PURPOSE FOR WHICH
                                       PURPOSE FOR WHICH BUILDINGS MAY BE          COVERAGE AND HEIGHT                                                          RATIO, COVERAGE AND HEIGHT
                                                                                                                    BE ERECTED AND USED AND FOR WHICH                                                BUILDINGS SHALL NOT BE
                                      ERECTED AND USED AND FOR WHICH LAND
  USE ZONE        REFERENCE TO MAP                                                                                    LAND MAY BE USED ONLY WITH THE                        4 (III)                ERECTED AND / OR USED AND
                                                  MAY BE USED                     3 (II)     3 (III)       3 (IV)                                                 4 (II)                4 (IV)
                                                                                                                       CONSENT OF THE TOWN COUNCIL                                                 FOR WHICH LAND SHALL NOT
                                                      3 (I)                                                                                                                COVER
                                                                                  FAR      COVERAGE       HEIGHT                    4 (I)                         FAR                  HEIGHT               BE USED
                                                                                                                                                                            AGE
                                      4. AUTOMOTIVE SHOWROOM
                                      5. AUTOMOTIVE WORKSHOP                                                        1.    AGRICULTURAL BUILDING
                                      15. FUNERAL PARLOUR                                                           2.    AGRICULTURAL INDUSTRY
                                      18. INDUSTRY                                                                  3.    AGRICULTURAL LAND
                                      21. LIGHT INDUSTRY                                                            14.   EXTRACTIVE INDUSTRY
USE ZONE XV:                                                                               60% Increase
                                      23. MUNICIPAL PURPOSES                                                        19.   INSTITUTION, RESTRICTED TO A
GENERAL          COLOURED PURPLE                                                             subject to                                                                                            Buildings and land uses not
INDUSTRIAL                            36. RESTRICTED COMMERCIAL BUILDING          2,00                     U.R.            CLINIC                                  2,00     60 %           U. R.
                 NO. 23                                                                       Clause                                                                                               included in columns 3 and 4.
                                      38. SALVAGE INDUSTRY                                   3.2.13. 4              32.    PUBLIC OFFICE, RESTRICTED TO A
                                      39. SERVICE INDUSTRY                                                                 LOCAL AUTHORITY CLINIC
                                      40. SERVICE WORKSHOP                                                          35.    RESTRICTED BUILDING
                                      44. VETERINARY PURPOSES                                                       42.    SPECIAL BUILDING
                                      10. COMMERCIAL WORKSHOP SUBJECT TO                                            45.    BOOKMAKERA73
                                            CLAUSE 3.2.13. 5
                                                                                                                    1.    AGRICULTURAL BUILDING
                                      13.   EDUCATIONAL BUILDING
                                                                                                                    3.    AGRICULTURAL LAND
                 COLOURED GREEN       23.   MUNICIPAL PURPOSES
USE ZONE XVI:    NO. 47 AND                                                                                         19.   INSTITUTION                              0,25     25 %           U .R.   Buildings and land uses not
                                      28.   PLACE OF PUBLIC ASSEMBLY              1,00        50 %         UR
EDUCATIONAL      BORDERED ORANGE                                                                                    32.   PUBLIC OFFICE                                                            included in columns 3 and 4.
                 NO. 9                30.   PRIVATE RECREATIONAL USE
                                                                                                                    42.   SPECIAL BUILDING
                                      33.   RECREATIONAL BUILDING
                                                                                                                    29.   PLACE OF PUBLIC WORSHIP                  1,00     50 %           U .R.
                                                                                                                    1.    AGRICULTURAL BUILDING
                                                                                                                    2.    AGRICULTURAL LAND
                                      19.   INSTITUTION
                                                                                                                    13.   EDUCATIONAL BUILDING
                 COLOURED GREEN       23.   MUNICIPAL PURPOSES
USE ZONE XVII:                                                                                                      20.   LAUNDERETTE                                                              Buildings and land uses not
                 NO. 47 AND HATCHED   28.   PLACE OF PUBLIC ASSEMBLY              0,50        60 %         UR                                                      0,50     60 %           U. R.
INSTITUTIONAL                                                                                                       29.   PLACE OF PUBLIC WORSHIP                                                  included in columns 3 and 4.
                 ORANGE NO. 9         30.   PRIVATE RECREATIONAL USE
                                                                                                                    32.   PUBLIC OFFICE
                                      33.   RECREATIONAL BUILDING
                                                                                                                    35.   RESTRICTED BUILDING
                                                                                                                    42.   SPECIAL BUILDING
                 COLOURED BROWN       23.   MUNICIPAL PURPOSES                                                      13.   EDUCATIONAL BUILDING
USE ZONE         NO. 61 BORDERED      28.   PLACE OF PUBLIC ASSEMBLY                                                19.   INSTITUTION                                                              Buildings and land uses not
XVIII:           BLUE NO. 32 WITH                                             0,50         60 %           UR                                                0,50           60 %       UR
                                      29.   PLACE OF PUBLIC WORSHIP                                                 33.   RECREATIONAL BUILDING                                                    included in columns 3 and 4.
DEVOTIONAL       BLUE NO. 32
                 CRUCIFORM SYMBOL     30.   PRIVATE RECREATIONAL USE                                                42.   SPECIAL BUILDING




       A73
             AMENDMENT 73 ON “TOTALISATOR AGENCY” AND “BOOKMAKER”, COUNCIL RESOLUTION 1913, 27-8-91
                                                 RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                                                                                     96



     COLUMN 1              COLUMN 2                                      COLUMN 3                                                               COLUMN 4                                              COLUMN 5
                                                                             MAXIMUM PERMISSIBLE FLOOR AREA   PURPOSE FOR WHICH BUILDINGS MAY BE       MAXIMUM PERMISSIBLE FLOOR AREA
                                            PURPOSE FOR WHICH BUILDINGS                                                                                                                   PURPOSE FOR WHICH BUILDINGS
                                                                               RATIO, COVERAGE AND HEIGHT      ERECTED AND USED AND FOR WHICH            RATIO, COVERAGE AND HEIGHT
                                            MAY BE ERECTED AND USED AND                                                                                                                   SHALL NOT BE ERECTED AND / OR
     USE ZONE          REFERENCE TO MAP                                                                         LAND MAY BE USED ONLY WITH THE
                                             FOR WHICH LAND MAY BE USED       3 (II)     3 (III)     3 (IV)                                                4 (II)     4 (III)    4 (IV)     USED AND FOR WHICH LAND
                                                                                                                 CONSENT OF THE TOWN COUNCIL
                                                         3 (l)                FAR      COVERAGE     HEIGHT                                                 FAR      COVERAGE    HEIGHT          SHALL NOT BE USED
                                                                                                                              4 (I)
                                                                                                              2.    AGRICULTURAL INDUSTRY
                                                                                                              6.    CARAVAN PARK
                                                                                                              11.    DRIVE-IN THEATRE
                                                                                                              13.   EDUCATIONAL BUILDING
                                                                                                              14.   EXTRACTIVE INDUSTRY
USE ZONE XIX:                              1.    AGRICULTURAL BUILDING
                      COLOURED GREEN NO.                                                                      19.   INSTITUTION                                                           Buildings and land uses not included
AGRICULTURAL                               3.    AGRICULTURAL LAND            0,125      12,5 %        2                                                   0,125      12,5 %       2
                      51                                                                                      23.   MUNICIPAL PURPOSES                                                    in columns 3 and 4.
                                           12.   DWELLING HOUSE
                                                                                                              25.   PARKS FOR MOBILE HOMES
                                                                                                              30.   PRIVATE RECREATIONAL USE
                                                                                                              33.   RECREATIONAL BUILDING
                                                                                                              35.   RESTRICTED BUILDING
                                                                                                              42.   SPECIAL BUILDING
                                                                                                              3.    AGRICULTURAL LAND
                                                                                                              6.    CARAVAN PARK
                                                                                                              11.   DRIVE-IN THEATRE
USE ZONE XX:          COLOURED GREEN NO.   30.   PRIVATE RECREATIONAL USE                                     25.   PARKS FOR MOBILE HOMES                                                Buildings and land uses not included
PRIVATE OPEN          47 AND BORDERED                                           -          -           -                                                     -          -          -
                                           33.   RECREATIONAL BUILDING                                        27.   PLACE OF PUBLIC AMUSEMENT                                             in columns 3 and 4.
SPACE                 GREEN NO. 46
                                                                                                              28.   PLACE OF PUBLIC ASSEMBLY
                                                                                                              42.   SPECIAL BUILDING
                                                                                                              23.   MUNICIPAL PURPOSES
                                           13.   EDUCATIONAL BUILDING
                                           17.   HOTEL
                                           19.   INSTITUTION
                                           20.   LAUNDERETTE
                                           23.   MUNICIPAL PURPOSE
                                           24.   OFFICE BUILDING
                                                                                                              3.    AGRICULTURAL LAND
                      UNCOLOURED AND       26.   PARKING GARAGE
USE ZONE XXI: CIVIC                                                                                           35.   RESTRICTED BUILDING                                                   Buildings and land uses not included
                      HATCHED ORANGE NO.   27.   PLACE OF PUBLIC               2,00      50 %        U .R.                                                 2,00       50 %       U .R.
1                                                                                                             41.   SHOP                                                                  in columns 3 and 4.
                      9                          AMUSEMENT
                                                                                                              42.   SPECIAL BUILDING
                                           28.   PLACE OF PUBLIC ASSEMBLY
                                           29.   PLACE OF PUBLIC WORSHIP
                                           30.   PRIVATE RECREATIONAL USE
                                           32.   PUBLIC OFFICE
                                           33.   RECREATIONAL BUILDING
                                           34.   RESIDENTIAL BUILDING
                                                   RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                                                                                                           97



    COLUMN 1                  COLUMN 2                                               COLUMN 3                                                                        COLUMN 4                                             COLUMN 5
                                                                                              MAXIMUM PERMISSIBLE FLOOR         PURPOSE FOR WHICH BUILDINGS MAY                  MAXIMUM PERMISSIBLE FLOOR         PURPOSE FOR WHICH
                                                    PURPOSE FOR WHICH BUILDINGS
                                                                                              RATIO, COVERAGE AND HEIGHT          BE ERECTED AND USED AND FOR                    RATIO, COVERAGE AND HEIGHT       BUILDINGS SHALL NOT BE
                                                    MAY BE ERECTED AND USED AND
    USE ZONE             REFERENCE TO MAP                                                                                       WHICH LAND MAY BE USED ONLY WITH                                                ERECTED AND / OR USED AND
                                                     FOR WHICH LAND MAY BE USED              3 (II)     3 (III)    3 (IV)                                                       4 (II)     4 (III)    4 (IV)
                                                                                                                                THE CONSENT OF THE TOWN COUNCIL                                                 FOR WHICH LAND SHALL NOT
                                                                 3 (l)                       FAR      COVERAGE    HEIGHT                                                        FAR      COVERAGE    HEIGHT              BE USED
                                                                                                                                              4 (I)
                                                  13.   EDUCATIONAL BUILDING
                                                  19.   INSTITUTION
                                                                                                                            3.      AGRICULTURAL LAND
                                                  23.   MUNICIPAL PURPOSES
                      COLOURED ORANGE NO. 9                                                                                 27.     PLACE OF PUBLIC AMUSEMENT
 USE ZONE XXII:                                   24.   OFFICE BUILDING                                                                                                                                        Buildings and land uses not
                      AND BORDERED ORANGE                                                     0,50      60 %        U.R.    35.     RESTRICTED BUILDING                         0,50          60 %     U.R.
 CIVIC 2                                          28.   PLACE OF PUBLIC ASSEMBLY                                                                                                                               included in columns 3 and 4.
                      NO. 9                                                                                                 41.     SHOP
                                                  29.   PLACE OF PUBLIC WORSHIP
                                                                                                                            42.     SPECIAL BUILDING
                                                  32.   PUBLIC OFFICE
                                                  33.   RECREATIONAL BUILDING
 USE ZONE XXIII:
 LOCAL                                                                                                                                                                                                         Buildings and land uses not
                      COLOURED ORANGE NO. 9       23.   MUNICIPAL PURPOSES                      -         -          -      42.     SPECIAL BUILDING                              -            -        -
 AUTHORITY                                                                                                                                                                                                     included in columns 3 and 4.
 PURPOSES
                      HATCHED BLACK IN BROAD
 USE ZONE XXIV:                                   ANY PURPOSES AS SET OUT IN AN                                                                                                                                Buildings and land uses not
                      AND NARROW LINES                                                          -         -          -      -                                                     -            -        -
 SPECIAL                                          ANNEXURE TO THE SCHEME                                                                                                                                       included in columns 3 and 4.
                      ALTERNATIVELY
                                                  1.    AGRICULTURAL BUILDINGS                                              Any temporary building or land use not in
 USE ZONE XXV:        UNCOLOURED AND              3.    AGRICULTURAL LAND                                                   conflict with any condition registered against                                     Buildings and land uses not
                                                                                                -         -          -                                                            -            -        -
 UNDETERMINED         HATCHED BLACK               23.   MUNICIPAL PURPOSES                                                  the title of the land subject to the approval in                                   included in columns 3 and 4.
                                                  33.   RECREATIONAL BUILDING                                               lieu of the consent of the Town Council

                      COLOURED RED NO. 15
 USE ZONE XXVI:       AND HATCHED BLACK IN        Any purposes as set out in Clause 8 of                                    Any purposes as set out in Clause 8 of the                                         Buildings and land uses not
                                                                                                -         -          -                                                            -            -        -
 PROFESSIONALA50      BROAD AND NARROW            the Scheme                                                                Scheme                                                                             included in columns 3 and 4.
                      LINES ALTERNATIVELY
                                                                                                                            19. INSTITUTION
                                                  13.   EDUCATIONAL BUILDING
                                                                                                                            28. PLACE OF PUBLIC ASSEMBLY
                                                  23.   MUNICIPAL PURPOSES
                                                                                                                            29. PLACE OF PUBLIC WORSHIP
                                                  24.   OFFICE BUILDING
                      COLOURED ORANGE NO. 9                                                                                 34. RESIDENTIAL BUILDING                             3,0          75 %     U.R.
 USE ZONE XXVII:                                  26.    PARKING GARAGE AND                                                                                                                                    Buildings and land uses not
                      AND BORDERED GREEN                                                      3,0       75 %        U.R.    42. SPECIAL BUILDING
 OFFICEA57                                               PARKING ERF                                                                                                                                           included in columns 3 and 4.
                      NO. 47
                                                  30.   PRIVATE RECREATIONAL USE                                            44. VETERINARY PURPOSES
                                                  32.   PUBLIC OFFICE                                                       41. SHOP – LIMITED TO 10% OF
                                                  33.   RECREATIONAL BUILDING                                                     SITE AREA                                      0,1          10%      UR

                                                  4.  AUTOMOTIVE SHOWROOM
                                                                                                                                                                                                               Buildings and land uses not
                                                  23. MUNICIPAL PURPOSES
                      COLOURED GREEN NO. 47                                                                                                                                                                    included in columns 3 and 4.
 USE ZONE XXVIII:                                 24. OFFICE BUILDING
                      AND BORDERED BLUE NO.                                                   1,0       50 %         2      42.    SPECIAL BUILDING                              1,0          50 %      2
 PLAZA A57                                        27. PLACE OF PUBLIC AMUSEMENT
                      31
                                                  28. PLACE OF PUBLIC ASSEMBLY
                                                  41. SHOP
COLUMN 1                   COLUMN 2                                                        COLUMN 3                                                                                COLUMN 4                                            COLUMN 5



    A50
          AMENDMENT 50 ON "SPECIAL" ZONED ERVEN, COUNCIL RESOLUTION 977, 31-10-89
    A57
          AMENDMENT 57 ON SCHEDULE 4, COUNCIL RESOLUTION 1327, 31-7-90
                                                         RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                                                                                                    98


                                                                                                MAXIMUM PERMISSIBLE FLOOR AREA               PURPOSE FOR WHICH BUILDINGS        MAXIMUM PERMISSIBLE FLOOR AREA
                                                     PURPOSE FOR WHICH BUILDINGS MAY BE           RATIO, COVERAGE AND HEIGHT                 MAY BE ERECTED AND USED AND          RATIO, COVERAGE AND HEIGHT                  PURPOSE FOR WHICH
                                                      ERECTED AND USED AND FOR WHICH                                                          FOR WHICH LAND MAY BE USED                                                     BUILDINGS SHALL NOT BE
   USE ZONE               REFERENCE TO MAP                    LAND MAY BE USED                                                               ONLY WITH THE CONSENT OF THE                                                    ERECTED AND / OR USED
                                                                                              3 (II)       3 (III)              3 (IV)                                        4 (II)       4 (III)              4 (IV)
                                                                                                                                                    TOWN COUNCIL                                                              AND FOR WHICH LAND
                                                                    3 (l)                     FAR        COVERAGE              HEIGHT                                         FAR        COVERAGE              HEIGHT          SHALL NOT BE USED
                                                                                                                                                          4 (I)
                                                    10.   COMMERCIAL WORKSHOP                                                               2.    AGRICULTURAL INDUSTRY
                                                    12.   DWELLING HOUSE: RESTRICTED TO                                                     5.    AUTOMOTIVE WORKSHOP
                                                           CARETAKER AND/OR EMERGENCY                                                       14.   EXTRACTIVE INDUSTRY
                                                           STAFF
                                                                                                                                            19.   INSTITUTION
                                                    18.   INDUSTRY
                                                                                                                                            20.   LAUNDRETTE
                                                    21.   LIGHT INDUSTRY
                                                                                                                                            26.   PARKING GARAGE AND
                                                    23.   MUNICIPAL PURPOSES                                                                      PARKING ERF
                                                    24.   OFFICE BUILDING (ANCILLARY TO                                                     27.   PLACE OF PUBLIC
                                                           HARBOUR-RELATED ACTIVITIES)                                                            AMUSEMENT
USE ZONE XXIX:       COLOURED ORANGE NO. 9 AND      32.   PUBLIC OFFICE                      As per Use Zone XV with provisions to height   28.   PLACE OF PUBLIC ASSEMBLY    As per Use Zone XV with provisions to height   Buildings and land use not
HARBOURA83           HATCHED GREEN NO. 47           34.    RESIDENTIAL BUILDING:             as set out in Clause 9                                                           as set out in Clause 9                         included in columns 3 and 4.
                                                                                                                                            29.   PLACE OF PUBLIC WORSHIP
                                                           RESTRICTED TO CARETAKER
                                                                                                                                            30.   PRIVATE RECREATIONAL USE
                                                           AND/OR EMERGENCY STAFF
                                                                                                                                            31.   PUBLIC GARAGE
                                                    39.   SERVICE INDUSTRY
                                                                                                                                            33.   RECREATIONAL BUILDING
                                                    40.   SERVICE WORKSHOP
                                                                                                                                            37.   RESTRICTED INDUSTRY
                                                    41.    SHOP: RESTRICTED TO TOTAL
                                                           FLOOR AREA OF 50M 2 AND TO                                                       38.   SALVAGE INDUSTRY
                                                           PROVIDE FOR DAY-TO-DAY NEEDS                                                     41.   SHOP (OTHER THAN PROVIDED
                                                           OF PORT EMPLOYEES                                                                      FOR IN COLUMN 3)
                                                    46.   BULK STORAGE                                                                      42.   SPECIAL BUILDING
                                                    6.    CARAVAN PARK
                                                    7.    CHALET
                                                    8.    CLUSTER HOUSING
                                                    12.   DWELLING HOUSE
                                                    16.   GROUPED HOUSING                                                                   5.    AUTOMOTIVE WORKSHOP
                                                    17.   HOTEL                                                                             10.   COMMERCIAL WORKSHOP
                                                    20.   LAUNDRETTE                                                                        21.   LIGHT INDUSTRY
                                                    22.   MEDIUM DENSITY HOUSING                                                            29.   PLACE OF PUBLIC WORSHIP
USE ZONE XXX:        ORANGE NO. 9 WITH BLACK        23.   MUNICIPAL PURPOSES                                                                31.   PUBLIC GARAGE
                                                                                             To the sole discretion of Council and with                                       To the sole discretion of Council and with     Buildings and land uses not
HARBOUR              HATCHING IN BROAD AND
                                                    24.   OFFICE BUILDING                    provisions to height as set out in Clause 9    39.   SERVICE INDUSTRY            provisions to height as set out in Clause 9    included in columns 3 and 4.
RESORT A83           NARROW LINES
                                                    26.   PARKING GARAGE AND PARKING ERF                                                    40.   SERVICE WORKSHOP
                                                    27.   PLACE OF PUBLIC AMUSEMENT                                                         42.   SPECIAL BUILDING
                                                    28.   PLACE OF PUBLIC ASSEMBLY                                                          46.   BULK STORAGE
                                                    30.   PRIVATE RECREATIONAL USE
                                                    32.   PUBLIC OFFICE
                                                    33.   RECREATIONAL BUILDING
                                                    34.   RESIDENTIAL BUILDING
                                                    41.   SHOP




   COLUMN 1                   COLUMN 2                                                    COLUMN 3                                                                            COLUMN 4                                                  COLUMN 5




        A83
              AMENDMENT 83 ON HARBOUR AREA, COUNCIL RESOLUTION 2595, 26-1-93
                                                       RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                                                                                                         99


                                                                                                         MAXIMUM PERMISSIBLE FLOOR AREA RATIO,               PURPOSE FOR WHICH               MAXIMUM PERMISSIBLE FLOOR AREA RATIO,
                                                                                                                 COVERAGE AND HEIGHT                      BUILDINGS MAY BE ERECTED                   COVERAGE AND HEIGHT             PURPOSE FOR WHICH
                                                      PURPOSE FOR WHICH BUILDINGS MAY BE                                                                                                                                               BUILDINGS SHALL
                                                                                                                                                           AND USED AND FOR WHICH
                                                       ERECTED AND USED AND FOR WHICH                                                                                                                                                  NOT BE ERECTED
   USE ZONE               REFERENCE TO MAP                                                                                                               LAND MAY BE USED ONLY WITH
                                                               LAND MAY BE USED                           3 (II)        3 (III)              3 (IV)                                              4 (II)     4 (III)         4 (IV)    AND / OR USED AND
                                                                                                                                                          THE CONSENT OF THE TOWN
                                                                     3 (l)                                FAR         COVERAGE              HEIGHT                COUNCIL                        FAR      COVERAGE         HEIGHT      FOR WHICH LAND
                                                                                                                                                                                                                                      SHALL NOT BE USED
                                                                                                                                                                     4 (I)
                                                     4.    AUTOMOTIVE SHOWROOM
                                                     5.    AUTOMOTIVE WORKSHOP
                                                     10.   COMMERCIAL WORKSHOP
                                                     13.   EDUCATIONAL BUILDING
                                                     20.   LAUNDRETTE
                                                     24.   OFFICE BUILDING
                                                     26.   PARKING GARAGE AND PARKING ERF
                                                     27.    PLACE OF PUBLIC AMUSEMENT
                                                     28.    PLACE OF PUBLIC ASSEMBLY                                                                     15.   FUNERAL PARLOUR
USE ZONE XXXI:                                                                                          0,20                35%                 2
                                                     32.    PUBLIC OFFICE                                                                                33.   RECREATIONAL BUILDING                                                 Buildings and land uses
SPECIAL              COLOURED BLUE NO. 31 AND
                                                     34.   RESIDENTIAL BUILDING (RESTRICTED           Subject to          Subject to        Subject to                                           0,20         35%             2      not included in columns
COMMERCIAL           BORDERED ORANGE NO. 9                                                                                                               42.   SPECIAL BUILDING
                                                                                                     Annexure 9          Annexure 9        Annexure 9                                                                                3 and 4.
3A113                                                      TO ACCOMMODATION FOR CARE-
                                                           TAKER / SECURITY AND OVERNIGHT
                                                           FACILITIES FOR DRIVERS)
                                                     36.    RESTRICTED COMMERCIAL BUILDING
                                                     40.    SERVICE WORKSHOP
                                                     41.    SHOP
                                                     43.    TOTALISATOR AGENCY
                                                     44.    VETERINARY PURPOSES
                                                     45.    BOOKMAKER
                                                     48.    INFORMAL TRADE AREA
                                                     6.    CARAVAN PARK
                                                     7.    CHALET                                                           35%
                                                                                                        0,35
                     COLOURED GREEN NO. 47 AND       8.    CLUSTER HOUSING                                           May not exceed
                                                                                                   May not exceed                              2                                                                                     Buildings and land uses
USE ZONE XXXII:      HATCHED IN BROAD AND                                                                              20 dwelling
                                                     12.   DWELLING HOUSE                          20 dwelling units                                     NONE                                     Nil         Nil            Nil     not included in columns
RESORT 1A96          NARROW BLACK LINES ALTER-                                                                         units and/or
                                                     16.   GROUPED HOUSING                         and/or caravans                                                                                                                   3 and 4.
                     NATIVELY                                                                                         caravans per
                                                     20.   MEDIUM DENSITY HOUSING                   per gross ha.
                                                                                                                        gross ha.
                                                     30.   PRIVATE RECREATIONAL USE
                     COLOURED JADE GREEN NO. 41
USE ZONE XXXIII                                                                                                                                                                                                                      Buildings and land uses
                     AND HATCHED BLACK IN BROAD      Any purposes as set out in Clause 10 of the                                                         Any purposes as set out in Clause
BOROUGH                                                                                              -               -                 -                                                     -            -            -             not included in columns
                     AND NARROW LINES                Scheme                                                                                              10 of the Scheme
MARINAA174                                                                                                                                                                                                                           3 and 4.
                     ALTERNATIVELY
                     COLOURED OLIVE GREEN NO.
USE ZONE XXXIV                                                                                                                                                                                                                       Buildings and land uses
                     51 AND HATCHED BLACK IN         Any purposes as set out in Clause 11 of the                                                         Any purposes as set out in Clause
GOLF COURSE                                                                                          -               -                 -                                                     -            -            -             not included in columns
                     BROAD AND NARROW LINES          Scheme                                                                                              11of the Scheme
NODE A174                                                                                                                                                                                                                            3 and 4.
                     ALTERNATIVELY




        A113
               AMENDMENT 113 ON BUS AND TAXI AREA, COUNCIL RESOLUTION 3400, 25-07-94
        A96
              AMENDMENT 96 ON RESORT 1 USE ZONE, COUNCIL RESOLUTION 3165, 15-03-94
        A174
                                                  RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                                                                                                             100


       COLUMN 1            COLUMN 2                                                           COLUMN 3                                                                                            COLUMN 4                                       COLUMN 5
                                                                                                 MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE                     PURPOSE FOR WHICH              MAXIMUM PERMISSIBLE FLOOR AREA         PURPOSE FOR
                                                                                                                   AND HEIGHT                                    BUILDINGS MAY BE ERECTED            RATIO, COVERAGE AND HEIGHT         WHICH BUILDINGS
                                                PURPOSE FOR WHICH BUILDINGS MAY
                                                                                                                                                                  AND USED AND FOR WHICH                                                  SHALL NOT BE
                                                  BE ERECTED AND USED AND FOR
       USE ZONE        REFERENCE TO MAP                                                                                                                            LAND MAY BE USED ONLY                                                ERECTED AND / OR
                                                     WHICH LAND MAY BE USED                              3 (II)                   3 (III)               3 (IV)                                     4 (II)      4 (III)         4 (IV)
                                                                                                                                                                 WITH THE CONSENT OF THE                                                 USED AND FOR
                                                              3 (l)                                      FAR                    COVERAGE               HEIGHT          TOWN COUNCIL                FAR       COVERAGE         HEIGHT    WHICH LAND SHALL
                                                                                                                                                                            4 (I)                                                         NOT BE USED
                   COLOURED ZINC YELLOW NO. 1
USE ZONE XXXV                                                                                                                                                                                                                           Buildings and land
                   AND HATCHED BLACK IN BROAD   Any purposes as set out in Clause 11 of the                                                                      Any purposes as set out in
NURSERY                                                                                          -                        -                        -                                          -              -            -             uses not included in
                   AND NARROW LINES             Scheme                                                                                                           Clause 11 of the Scheme
NODEA174                                                                                                                                                                                                                                columns 3 and 4.
                   ALTERNATIVELY
                   COLOURED MAGENTA NO. 22
                                                                                                                                                                                                                                        Buildings and land
USE ZONE XXXVI     AND HATCHED BLACK IN BROAD   Any purposes as set out in Clause 11 of the                                                                      Any purposes as set out in
                                                                                                 -                        -                        -                                          -              -            -             uses not included in
GREENHILL A174     AND NARROW LINES             Scheme                                                                                                           Clause 11 of the Scheme
                                                                                                                                                                                                                                        columns 3 and 4.
                   ALTERNATIVELY
                   COLOURED PRUSSIAN BLUE NO.
                                                                                                                                                                                                                                        Buildings and land
USE ZONE XXXVII    35 AND HATCHED BLACK IN      Any purposes as set out in Clause 11 of the                                                                      Any purposes as set out in
                                                                                                 -                        -                        -                                          -              -            -             uses not included in
WATERWORKS A174    BROAD AND NARROW LINES       Scheme                                                                                                           Clause 11 of the Scheme
                                                                                                                                                                                                                                        columns 3 and 4.
                   ALTERNATIVELY
                   COLOURED TERRACOTTA NO.
USE ZONE XXXVIII                                                                                                                                                                                                                        Buildings and land
                   64 AND HATCHED BLACK IN      Any purposes as set out in Clause 12 of the                                                                      Any purposes as set out in
CASINO RESORT                                                                                    -                        -                        -                                          -              -            -             uses not included in
A174               BROAD AND NARROW LINES       Scheme                                                                                                           Clause 12 of the Scheme
                                                                                                                                                                                                                                        columns 3 and 4.
                   ALTERNATIVELY
USE ZONE XXXIX     COLOURED GENMETAL NO. 69
                                                                                                                                                                                                                                        Buildings and land
BAYSHOR /          AND HATCHED BLACK IN BROAD   Any purposes as set out in Clause 13 of the                                                                      Any purposes as set out in
                                                                                                 -                        -                        -                                          -              -            -             uses not included in
ALKANTSTRAND       AND NARROW LINES             Scheme                                                                                                           Clause 13 of the Scheme
                                                                                                                                                                                                                                        columns 3 and 4.
NODE A174          ALTERNATIVELY
                                                                                                                                                                 13. EDUCATIOAL BUILDING
                                                12. DWELLING HOUSE
                                                                                                                                                                 19. INSTITUTION
                                                 8. CLUSTER HOUSING
                                                                                                 0,30                     45%                      2             29. PLACE OF PUBLIC          0,50           25%          3
                                                16. GROUPED HOUSING
                                                                                                                                                                 WORSHIP
                                                22. MEDIUM DENSITY HOUISNG
                                                                                                                                                                 42. SPECIAL BUILDING
                                                                                                                                                                 17. HOTEL
                                                34. RESIDENTIAL BUILDING                         A+0,1(MAX 0,75)                                                                                                                        BUILDINGS AND
USE ZONE XL        COLOURED BROWN NO 61                                                                                                                          27. PLACE OF PUBLIC          A + 0,1
                                                                                                                                                                                                                                        LAND USES NOT
WATERFRONT         HATCHED AND BORDERED BLUE                                                                                                                         AMUSEMENT AND/OR         REFER TO       30%          3             INCLUDED IN
RESIDENTIALA176    NO 35                                                                                                                                         28. PLACE OF PUBLIC          CLAUSE                                    COLUMNS 3 & 4
                                                                                                                                                                     ASSEMBLY WHICH FORM      3.2.5.2
                                                                                                                                                   As per
                                                                                                                                                   residentia        PART OF A HOTEL
                                                                                                 As per residential use   As per residential use
                                                30. PRIVATE RECREATIONAL USE                                                                       l use         7. CHALETS                   0,35           25%          2
                                                                                                 implemented              implemented
                                                                                                                                                   implemen
                                                                                                                                                                 26. PARKING GARAGE
                                                                                                                                                   ted                                        1              60%          3
                                                                                                                                                                 AND/OR PARKING LOT
                                                                                                                                                                 23. MUNICIPAL PURPOSES       0,30           30%          2




           A174

           A176
                                                RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                                                                           101


   COLUMN 1                COLUMN 2                                                 COLUMN 3                                                                     COLUMN 4                               COLUMN 5
                                                                                        MAXIMUM PERMISSIBLE FLOOR AREA RATIO,           PURPOSE FOR WHICH           MAXIMUM PERMISSIBLE FLOOR AREA     PURPOSE FOR
                                                                                                COVERAGE AND HEIGHT                  BUILDINGS MAY BE ERECTED         RATIO, COVERAGE AND HEIGHT     WHICH BUILDINGS
                                               PURPOSE FOR WHICH BUILDINGS MAY
                                                                                                                                      AND USED AND FOR WHICH                                           SHALL NOT BE
                                                 BE ERECTED AND USED AND FOR
   USE ZONE            REFERENCE TO MAP                                                                                             LAND MAY BE USED ONLY WITH                                       ERECTED AND / OR
                                                    WHICH LAND MAY BE USED               3 (II)            3 (III)         3 (IV)                                    4 (II)     4 (III)     4 (IV)
                                                                                                                                     THE CONSENT OF THE TOWN                                          USED AND FOR
                                                             3 (l)                       FAR             COVERAGE         HEIGHT             COUNCIL                 FAR      COVERAGE     HEIGHT    WHICH LAND SHALL
                                                                                                                                                4 (I)                                                  NOT BE USED

                                                5. AUTOMOTIVE SHOWROOM
                                               20. LAUNDERETTE
                                               26. PARKING GARAGE AND PARKING LOT
                                                                                    2000 SQUARE       2000 SQUARE
                                               31. PUBLIC GARAGE                                                          UR        10. COMMERCIAL WORKSHOP
                                                                                    METRES IN TOTAL   METRES IN TOTAL
USE ZONE XLI                                   34. RESIDENTIAL BUILDING                                                             27. PLACE OF PUBLIC            2000
DIRECT ACCESS                                                                                                                                                                 2000                   BUILDINGS AND
                   COLOURED BLUE NO 31 AND     (RESTRICTED TO OVERNIGHT                                                             AMUSEMENT                      SQUARE                 UR
SERVICE                                                                                                                                                                       SQUARE                 LAND USES NOT
                   BORDERED PURPLE NO 23 AND   ACCOMMODATION ONLY                                                                                                  METRES
STATIONA115 A184                                                                                                                    33. RECREATIONAL BUILDING                 METRES IN              INCLUDED IN
                   HATCHED BLACK                                                                                                                                   IN
                                               41. SHOP (RESTRICTED TO                                                              42. SPECIAL BUILDING                      TOTAL                  COLUMNS 3 & 4
                                                                                                                                                                   TOTAL
                                               RESTAURANT, CONVENIENCE STORE,
                                               AUTO TELLER AND RELATED ACTIVITIES
                                               NOTE: ANY REZONING AND/OR BUILDING
                                               PLAN APPLICATION SHALL BE SUBJECT
                                               TO CLAUSE 1.12 OF THIS SCHEME




         A115

         A184
                                    RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                                                   102


SCHEDULE 5:            RESERVATION OF LAND

The nature, extent and location of reserved land shall be as indicated on the Town Planning Scheme Maps by means of the appropriate colour notation provided
for in the following schedule.
USE FOR WHICH LAND IS              COLOUR NOTATION
      RESERVED                      ON SCHEME MAP                                                   ADDITIONAL CONTROLS
                                                             1. This land and/or water body is primarily reserved to protect, research and improve the quality of the
                                                                natural environment and may be used by the public for recreational purposes provided that the
                                                                conservational and recreational use of the area shall relate to one another and not adversely affect
                                                                one another, nor shall it be deemed to exclude the controlled establishment of aquaculture projects
                                                                whether on a commercial basis or not.
                                                             2. The co-ordinated usage and development of the reserved area shall be based on a Development Plan
1.      Conservation
               A105                Green No. 41                 and/or Site Development Plan as contemplated in Clauses 1.6 and 1.12 respectively of this Scheme;
        Amenity
                                                                provided further that an IEM statement shall form an integral part of such plan/s.
                                                             3. In accordance with 2 above, the design and siting of any building, structure or land use - whether fixed
                                                                or floating, or located between the dry-land edge and -2.7m below Mean Sea Level - shall, based on
                                                                an IEM statement, take into account any existing or potential terrestrial or marine fauna and flora
                                                                habitats and indigenous vegetation and no such fauna and flora shall be disturbed or removed without
                                                                prior approval of the Town Council or its appointee.
                                                             1. This land is reserved as open space for the use and enjoyment of the Public, once such land is in
                                                                Town Council ownership.
                                                             2. Works as described in the Local Authorities Ordinance No 25 of 1974, Section 208 and 264,
                                                                Subsection (14-20) and 27 are permitted and may include public parks and gardens, recreational
                                                                grounds, zoological gardens and similar such uses.
2.      Public Open Space         Green no. 46               3. Except with the consent of the Town Council, granted for temporary uses and subject to no claims for
                                                                compensation land reserved as Public Open Space shall not be used for any purpose which would
                                                                conflict with such reservation. Provided that the Town Council may enclose parts of a Public Open
                                                                Space as the Town Council may deem necessary and subject to the approval of the Administrator
                                                                lease such enclosed areas to private bodies or clubs for purposes of sport or recreation.
                                                             4. Attention is drawn to Clause 3.1.2 of this Scheme.
3.      Existing Street           Uncoloured
4.      Proposed Street and
                                  Red no. 15
        Street Widening
5.      Approximate Position of   Alternatively red no. 15
        Proposed Street           and uncoloured blocks

A105
       AMENDMENT 105 ON RESERVATION OF LAND, COUNCIL RESOLUTION 361, 9-11-95
                              RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                                                     103


                            Uncoloured and hatched
6.   Street To Be Closed
                            red no. 15
                            Red no.15 and bordered      1. Acquisition or development to be negotiated with Erf owners or developer.
7.   Public Car Park
                            brown no.64                 2. Parking garage permitted.
                            Orange no. 9 and
8.   Water Works            bordered blue no. 32        Reserved for water supply authority.
                            with letters W.W.
9.   Railway and Harbour    Grey no. 69                 Railway and harbour purposes and incidental uses permitted.
                            Orange no. 9 bordered
10. Sewage disposal works                               Buildings and other works incidental thereto permitted.
                            brown no. 61
                            Orange no. 9 hatched
11. Refuse site                                         Buildings and other works incidental thereto permitted.
                            brown no. 61
                                                        Shop, Office Building, Light Industry, Service Industry and Restricted Commercial Building as defined in
                                                        Schedule 3 of this Scheme but specifically related to the functioning of the airport, as well as other works
                                                        ancillary to the function of and airfield, are permissible uses at Council’s sole discretion and subject to
                            Green no. 47 bordered       agreement being reached on the permissible floor area ratio, coverage and height restrictions, the placing
12. Airfield
                            blue no. 32                 of buildings on the site, on-site parking requirements and/or any other related matters by way of a site
                                                        development plan in terms of Clause 1.12 of this Scheme. Such site development plan shall have due
                                                        consideration for any relevant regulations on airports and any related legislation as may be laid down form
                                                        time to time by the Minister of Transport or any other responsible authority.
                            Green no. 47 hatched
13. Cemetery                                            Reserved for burial purposes and ancillary buildings, including crematorium.
                            blue no. 32 with letter C
                                    RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                          104


SCHEDULE 6:
PART I – BUILDING LINES AND SIDE AND REAR SPACES (IN TERMS OF CLAUSE 5.1)


                                                                                   BUILDING LINE ON
ZONE                                         BUILDING TYPE                                            SIDE AND REAR SPACE       COMMENT
                                                                                   STREET BOUNDARY
                                                                                                      2m or 1,5m per storey
                                             Dwelling house                        5m
                                    2A48                                                              whichever the greater
Special residential I erven >600m                                                                                               -
                                                                                                      4,5m or 1,5m per storey
                                             All other building types permitted    7,5m
                                                                                                      whichever the greater.




A48
      AMENDMENT ON BUILDING LINES OF SPECIAL RESIDENTIAL I, COUNCIL RESOLUTION 747, 25-4-89
                                    RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                                           105




                                                                                                                                    Boundaries of Garage
                                                                                                                                    subject to clause
                                                                                                                                            A109 A20
                                                                                                                                    3.2.7.2
                                                                                                                                    A20 and A109
Garage, DASC, Service Industrial            All building types permitted         7,5m                      2m                       Street boundaries of
                                                                                                                                    service industrial zoned
                                                                                                                                    erven in Richards Bay,
                                                                                                                                    Extension 23 and 24
                                                                                                                                    subject to clause 3.2.13.7
                                                                                                                                    Street boundary subjected
Restricted Industrial, General Industrial   All building types permitted         8-15m                     3m
                                                                                                                                    to clause 3.2.13.1
Agricultural Undetermined Special           All building types permitted         At the sole discretion of the Town Council

         A57                                                                                               3m or 1,5m per storey,
Office                                      All building types permitted         7,5m
                                                                                                           which-ever the greater
Plaza                                       All building types permitted         Nil                       Nil




A109
       AMENDMENT 109 ON SERVICE INDUSTRIAL ZONED ERVEN, COUNCIL RESOLUTION 307, 26-9-95
A20
      AMENDMENT 20 ON PARKING ARRANGEMENT, COUNCIL RESOLUTION 1567, 14-11-84
A57
      AMENDMENT 57 ON SCHEDULE 4, COUNCIL RESOLUTION 1327, 31-7-90
                                     RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                                               106



 PART II - PARKING REQUIREMENTS (IN TERMS OF CLAUSE 5.2.1 AND 5.2.12)A20

                COLUMN 1                          COLUMN 2                            COLUMN 3                          COLUMN 4                  COLUMN 5
                                             Primary requirements.          Additional or alternative parking   Total parking requirements.
 Building and land use types for which      Number of parking spaces       requirements. Number of parking      Number of parking spaces
                                                 for each unit.                   spaces for each unit.                for each unit.              Comments
          parking is required.
                                           Number            Unit           Number                Unit           Number             Unit
Residential Building, Medium Density
Housing, Chalets, Grouped & Cluster
Housing, excluding a Hotel; for each
dwelling unit containing:
                                                                                                                                              Column 3 additional
One or less bedrooms
                                           1,00       Dwelling unit       0,25           Dwelling unit          1,25        Dwelling unit     to Column 2 for
Two bedrooms                                                                                                                                  visitors
                                           1,25       Dwelling unit       0,25           Dwelling unit          1,50        Dwelling unit
Three bedrooms
                                           1,50       Dwelling unit       0,25           Dwelling unit          1,75        Dwelling unit
Four or more bedrooms
                                           1,75       Dwelling unit       0,25           Dwelling unit          2,00        Dwelling unit
Lodge                                      1,00       Lettable Room                                             1,00        Lettable Room
                                                                                             2                                                Column 2 additional
                                                                                         20m of a lounge or                 Column 2 plus
Hotel                                      1,25       Bedroom             1,00                                                                to Column 3 for
                                                                                         function room                      Column 3
                                                                                                                                              visitors
Launderette and Shop in all Zones                                                                                               2
                                           1,00       15 m² floor area                                          1,00        15m floor area
other than Special Commercial Zones
                                                                                                                                2
Shop in Special Commercial Zones                                                                                            30m floor
                                 A158      1,00       30 m² floor area                                          1,00
other than Special Commercial 3                                                                                             Area
                              A158
Shop in Special Commercial 3               Refer to   Refer to Annexure   Refer to       Refer to Annexure 9    Refer to    Refer to          Where the parking
                                           Annexur    9                   Annexure 9                            Annexure    Annexure 9        ratio requirement for
                                           e9                                                                   9                             any land use less
                                                                                                                                              stricter than 1:50,
                                                                                                                                              such lesser ratio
                                                                                                                                              shall apply to such


 A20
       AMENDMENT 20 ON PARKING ARRANGEMENT, COUNCIL RESOLUTION 1567, 14-11-84
 A158
        AMENDMENT 158, COUNCIL RESOLUTION 1083, 25-03-98
 A158
        AMENDMENT 158, COUNCIL RESOLUTION 1083, 25-03-98
                                        RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                                            107


                                                                                                                                            land use type.
                                                                                                                                            Based on adjacency
                                                                                                                                            to major public
Shop and Medical Practitioner’s Place                                                                                       50 m² floor
                                       A108   1,00    50 m² floor area                                               1,00                   transport terminal
of Practice i.t.o. Clause 3.2.13.5(iv)                                                                                      area
                                                                                                                                            and “Public Car
                                                                                                                                            Parks”
Public Office and Office Building other                                                                                         2
                                                                                                                            30m floor
than Medical Practitioners place of           1,00    30 m² floor area                                               1,00
                                                                                                                            area
practice
                                                      6 seats (or 12 seats in
                               A75                                                       25 m² floor area (or 50m²
Place of Public Amusement                             the case of cinemas                                                                   Greater of Column 2
                                                                                         in the case of cinemas
                                                      and theatres located
Place of Public Assembly and Place of         1,00    on general                1,00     and theatres located on                            and
Public Worship                                                                           general commercial zoned                           Column 3
                                                      commercial zoned
                                                                                         land)
                                                      land)
Public garage other than Automotive                                                                                                         Subject to clause
                                              1,00    50 m² floor area
showroom                                                                                                                                    3.2.7 (4)
Automotive Workshop
Automotive Showroom
                                                                                                                            90m² Floor
Commercial Workshop                           1,00    90m² Floor Area                                                1,00
                                                                                                                            Area
And Service Workshop
Service Industry
                                                                                         A67
                                                                                           4 Skilled
                                                                                         Employees On                       Column 2
Industry Light                                                                           Premises At Any                    and/or Column
Salvage Industry Extractive Industry                                                     Time                               3 at the sole
                                              1,00    140m² Floor Area          1,00
Restricted Industry                                                                      8 Unskilled                        discretion of
Restricted Commercial Building                                                           Employees On                       The Town
                                                                                         Premises At Any                    Council
                                                                                         Time
                                                                                                                            30m² Floor
Funeral Parlour                               1,00    30m² Floor Area                                                1,00
                                                                                                                            Area



  A108
         AMENDMENT 108 ON SHOPS AND OFFICES (MIXED USE ZONE), COUNCIL RESOLUTION 126, 25-09-1996
  A75
        AMENDMENT 75 ON PARKING REQUIREMENTS AND THEATRES, COUNCIL RESOLUTION 2119, 25-02-92
  A67
        AMENDMENT 67 ON PARKING, COUNCIL RESOLUTION 1585, 29-1-91
                                       RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                    108


A81                                                                                                                    Either Column
  Educational Building (Excluding
                                                                                                                       2 Or 3
Tertiary Institutions), Institution,       1,00       150m² Floor Area    1,00           2 Staff Members
                                                                                                                       whichever is
Restricted Building
                                                                                                                       the greater
                                                                                                                       Total Of
Tertiary Institutions                      1,00       37m² Floor Area     1,00           Class Room                    Column 2 And
                                                                                                                       Column 3
                                                       30m² Floor Area
Medical Practitioner’s Place Of                        with a minimum of
Practice                                   1,00        5 per Medical
Veterinary Purposes                                    Practitioner and/or
                                                       Veterinarian
              A73
Bookmaker                                  1,00        20m² Floor Area
                   A29 A73
Totalisator Agency                         35 For Each Agency
Special Building & Recreational Bld.       At the sole discretion of The Town Council




  A81
        AMENDMENT 81 ON PARKING EDUCATIONAL USES, COUNCIL RESOLUTION 2322, 28-7-92
  A73
        AMENDMENT 73 ON “TOTALISATOR AGENCY” AND “BOOKMAKER”, COUNCIL RESOLUTION 1913, 27-8-91
  A29
        AMENDMENT 29 ON SUBSTITUTION OF “TOTALISATOR AGENCY” WITH “BETTING DEPOT”, COUNCIL RESOLUTION 2591, 28-10-86
       RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                            109


PART III - MINIMUM DIMENSIONS FOR PARKING

Except where in this Scheme it is otherwise expressly provided, off-street parking areas shall conform to the
following minimum standards and dimensions.

TABLE I: BAY AND AISLE DIMENSIONS (METRES)

                                                                      PERPENDICULAR DEPTH
                                                                            OF BAYS                     PARALLEL
PARKING ANGLE              BAY WIDTH            AISLE WIDTH                                             WIDTH OF
                                                                      No               Kerb               BAYS
                                                                      Overhang         Overhang
                                                       Two-Way Traffic
90º                    2,70                  7,5                      5,0              4,5              2,74
                                                       One-Way Traffic
90º                    2,70                  6,0                      5,0              4,5              2,70
60º                    2,70                  5,5                      4,8              4,5              3,20
45º                    2,70                  3,5                      4,8              4,5              3,90
30º                    2,70                  3,0                      4,8              4,5              5,50

TABLE II: RAMP DIMENSIONS

                ONE-WAY                                                     TWO WAY
                                                                                   INSIDE
     INSIDE        RAMP         OUTSIDE            RAMP         OUTSIDE                           DIVIDER LINE
                                                                                    LANE
     RADIUS        WIDTH        RADIUS             WIDTH        RADIUS                               RADIUS
                                                                                   WIDTH
3,0              4,1          7,1             6,6              9,6               3,5              6,5
4,0              4,0          8,0             6,5              10,5              3,4              7,4
5,0              3,9          8,9             6,3              11,3              3,3              8,3
6,0              3,8          9,8             6,1              12,1              3,2              9,2
7,0              3,7          10,7            6,0              13,0              3,1              10,1
8,0              3,7          11,7            5,9              13,9              3,0              11,0


1.     Parallel parking spaces shall be 2,5m wide and 5,0m long with a manoeuvring space of 2,5m in length
       between each pair of bays. A minimum adjacent aisle width of 3m shall be provided for gaining
       access.
2.     Vehicles shall be parked in such a way that each vehicle can be moved freely in and out of its parking
       space in a single manoeuvre.
3.     The parking layout shall be so designed that structural members such as columns, beams, walls, etc.
       shall not obstruct the free manoeuvring of vehicles into and out of parking spaces.
4.     In cases of isolated parking spaces adjacent to structural members such as columns and walls, where
       the full width of bay cannot be obtained, a reduction on the standard width not exceeding 240mm may
       be permitted.
5.     In awkward situations or in cases where other particular factors arise, the requirement of 5,0m depth of
       parking space may be relaxed down to a minimum of 4,6m provided that the number of 4,6m spaces
       does not exceed 10% of the total parking spaces provided.
6.     The gradient of continuous ramps should not exceed 1 in 7 provided however that for short sections,
       and in special circumstances this gradient may be steepened but in no case should it be steeper than 1
       in 5.
7.     Vertical curves between the ramps and the street access and between the ramps and parking floors
       should be provided with a minimum radius of 30 m.
      RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                            110


8.    Correct super-elevation should be applied transversely across curved ramps, such super-elevation
      varying according to the horizontal radius of the curve, subject, in all cases, to the super elevation not
      exceeding 1 in 10.
9.    The inside turning radius on continuous ramps shall not be less than 4,3m.
10.   The Town Council may relax the provisions of the Guiding Rules for parking in those cases where it is
      difficult or impractical to meet the required standards on account of one or more of the following
      factors:
      (a) the shape of the site;
      (b) the shape of the building;
      (c) the position and location of structural members;
      (d) the locality and character of the building, with particular regard to the likely economic status of the
          tenants.
             RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                111


   PART IV - LOADING ZONE REQUIREMENTS (IN TERMS OF CLAUSE 5.4)A19

COLUMN 1                                                   COLUMN 2                            COLUMN 3
                                                           Primary Loading Zone Requirement.
Buildings And Land Use Types For Which Loading             Number Of Loading Zones To Be
                                                           Provided Per Applicable Area.       Comments
Zones Must Be Provided
                                                           Number              Area
Industry                                                   1,00                1000m² Floor    May, At The Sole
                                                                               Area Or Part    Discretion Of The
Salvage Industry
                                                                               Thereof         Town Council Be
Extractive Industry                                                                            Reduced In
                                                                                               Terms Of Clause
Restricted Industry                                                                            5.4.5.
Light Industry                                             1,00                500m² Floor     May, At The Sole
                                                                               Area for the    Discretion Of The
Restricted Commercial Building
                                                                               first 1000m²    Town Council Be
Shops In All Zones                                                             Floor Area or   Reduced In
                                                                               part thereof    Terms Of Clause
Public Garage                                                                  then per 1000   5.4.5.
Commercial Workshop                                                            M² Additional
                                                                               Floor Are or
Service Workshop                                                               part thereof.
Service Industry
Automotive Workshop




   A19
         AMENDMENT 19 ON LOADING ZONE, COUNCIL RESOLUTION 1252, 14-3-84
                  RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                      112



        SCHEDULE 7:

ANNEXURE
      A50                      USE ZONE/S                 PROPERTY DESCRIPTION                        REMARKS
  NO.
1.                    VIII Limited Commercial 2         Erf no. 4217 Richards Bay Ext.     Limited Commercial 2 purposes
                                                        14                                 and a Public Garage
2.                    VIII Limited Commercial 2         Erf no. 1680 Richards Bay Ext.     Limited Commercial and a
                                                        7                                  Public Garage
3.                    XXIII Local Authority Purposes    Remainder of Erf 2297 Richards     Local Authority Purposes and
                                                        Bay Ext. 5                         Public Car Park.
 A158
4.                    XXIV Special                      Erf 7735                           Limited Commercial and
                                                                                           General Residential Purposes
5.                    VIII Limited Commercial 2         Erf 1681 Richards Bay Ext. 7       Limited Commercial 2 purposes,
                                                                                           Medium Density Housing and
                                                                                           Educational Building.
 A53
6.                    XXIV Special                      A portion of the Remainder of      Several Uses which are relevant
                                                        Erf 223 Umhlatuze No. 16230,       to a Marina/Small Craft Harbour
                                                        Erf 225 Umhlatuze No. 16232; a
                                                        portion of Remainder of Erf
                                                        5333, a Portion of Richards Bay
                                                        No. 14217; a portion of Erf 226
                                                        Umhlatuze No. 16233; a portion
                                                        of Remainder of Erf 2627
                                                        Richards Bay
 A63 A158
7.                    XXIV Special                      Insert next Annexure here
 A105 A158
8.                    XXIV Special                      Areas adjoining Lake Mzingazi:     Residential, recreational and / or
                                                        Portions of the Remainder of Erf   urban purposes, developed
                                                        5333 Richards Bay and portion      according to approved
                                                        of Erf 5494 Richards Bay           Development/ Site Development
                                                        Extension 7                        Plans (Refer to clauses 1.6 and
                                                                                           1.12) and IEM procedures
                                                                                           (Refer to Schedule 5:
                                                                                           Conservation Amenity
                                                                                           Reservation.
 A113
9.                    XXXI Special Commercial 3         Erfs 1762 and 1763, Richards       Limited commercial and informal
                                                        Bay                                trading purposes.
      A111
10.                   XXIV Special                      Erf 613 Extension No. 5            Public Garage and Shop.
                                                        Richards Bay
      A150
11.                   XXIV Special                      Erf 611 Extension No. 5            Limited Commercial 1 –
                                                        Richards Bay                       increase in maximum
                                                                                           permissible Floor Area Ratio




        A50
              AMENDMENT 50 ON “SPECIAL” ZONED ERVEN, COUNCIL RESOLUTION 977,31-10-89
        A158
               AMENDMENT 158, COUNCIL RESOLUTION 1083, 25-03-98
        A63
              AMENDMENT 53 ON MARINA DEVELOPMENT, COUNCIL RESOLUTION 1129, 27-2-90
        A63
              AMENDMENT 63 ON PRISON FARM 15974, COUNCIL RESOLUTION 1562, 4-12-90.
        A105
               AMENDMENT 105 ON RESERVATION OF LAND, COUNCIL RESOLUTION 361, 9-11-95
        A113
               AMENDMENT 113 ON BUS AND TAXI AREA, COUNCIL RESOLUTION 3400, 25-07-94
        A111
               AMENDMENT 111 ON ERF 613, COUNCIL RESOLUTION 686, 30-04-96
        A150
               AMENDMENT 150 ON ERF 611, COUNCIL RESOLUTION 837, 29-10-97
     RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                       113


ANNEXURE 1 :   DETAILS OF RIGHTS PERMITTED TO BE EXERCISED AND CONDITIONS
               AND RESTRICTIONS APPLICABLE TO ERF 4217 RICHARDS BAY
               EXTENSION NO. 14 TOWNSHIP (VELDENVLEI)


1.    USE ZONE VIII: LIMITED COMMERCIAL 2

2.    USE :
      Erf 4217 Richards Bay Extension No. 14 Township (Veldenvlei) may be used for
      purposes as set out in Use Zone VIII, Limited Commercial 2, provided that with the
      approval of the Town Council the site of a public garage may also be located upon the
      Erf.

3.    CONDITIONS AND RESTRICTIONS:
      With the exception of the foregoing, the provisions of the Scheme shall apply mutatis
      mutandis, to Erf 4217.
     RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                       114


ANNEXURE 2 :   DETAILS OF RIGHTS PERMITTED TO BE EXERCISED AND CONDITIONS
               AND RESTRICTIONS APPLICABLE TO ERF NO. 1680 RICHARDS BAY
               EXTENSION NO. 7 TOWNSHIP (ARBORETUM)


1.    USE ZONE VIII: LIMITED COMMERCIAL 2

2.    USE :
      Erf No. 1680 Richards Bay Extension No. 7 Township (Arboretum) may be used for
      purposes as set out in Use Zone VIII, Limited Commercial 2, provided that with the
      approval of the Town Council the site of a public garage may also be located upon the
      Erf.

3.    CONDITIONS AND RESTRICTIONS:
      With the exception of the foregoing, the provisions of the Scheme shall apply mutatis
      mutandis, to Erf No. 1680.
     RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                          115


ANNEXURE 3 :   DETAILS OF RIGHTS PERMITTED TO BE EXERCISED AND CONDITIONS
               AND RESTRICTIONS APPLICABLE TO THE REMAINDER OF ERF NO.
               2297, RICHARDS BAY EXTENSION NO. 5


1.    USE ZONE XXIII LOCAL AUTHORITY PURPOSES

2.    USE :
      The remainder of Erf No. 2297 may, in addition to such purposes as set out in Use Zone
      XXII, Local Authority purposes, also be used as a public car park.
3.    CONDITIONS AND RESTRICTIONS:
      Any appropriate provision of the Scheme shall apply mutatis mutandis to the remainder of
      Erf No. 2297.
          RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                               116


ANNEXURE 4 :           DETAILS OF RIGHTS PERMITTED TO BE EXERCISED AND CONDITIONS
                       AND RESTRICTIONS APPLICABLE TO ERF 7735 AS INDICATED ON THE
                                         A50 A158
                       ATTACHED DRAWING


1.          USE ZONE: XXIV SPECIAL

2.          USE :
            The sites may be used for the erection and use of building within the scope of the scheme
            definitions of "Shop" and "Residential Building" and/or "Medium Density Housing" or
            "Chalets" and purposes ancillary thereto only.

3.          CONDITIONS AND RESTRICTIONS

3.1.        USE : PURPOSES FOR WHICH BUILDING SHALL NOT BE ERECTED AND USED
            Any purpose not included in the foregoing paragraph 2.

3.2.        HEIGHT
            Shops shall not be erected and used on any storey other than a ground floor.
                                     A52
3.3.        FLOOR AREA RATIO
            The maximum permissible floor area ratio in respect of shops shall not exceed 0,16 and
            the maximum permissible floor area ratio of all buildings, inclusive of shops, shall not
            exceed 0,75.

3.4.        COVERAGE
            The maximum permissible coverage, inclusive of covered parking, shall not exceed 30%
            of the area of each site.

3.5.        BUILDING LINES

3.5.1.       STREET BUILDING LINE:
            A Building Line of 7,5 metres shall be applicable to all boundaries of the site abutting onto
            any existing, proposed or future street.
3.5.2.       SIDE AND REAR SPACES:
            Side and Rear Spaces as contemplated in Clause 5.1.2 (3), Part 5 of the Scheme shall be
            applicable to any shop erected, and used upon the site; and Side and Rear Spaces as
            contemplated in Clause 5.1.2 (3) Part 5 of the Scheme shall be applicable to any
            Residential Building, Duplex Flat and/or Chalet, erected and used upon the site.

3.6.        PARKING AND LOADING ACCOMMODATION
            Clause 5.2 and 5.3 "Parking Accommodation" and "Loading Accommodation" of the
            Scheme shall apply, mutatis mutandis to the properties to which this Annexure 4 is
            relevant and any parking or loading accommodation required to be provided in terms of
            the said Clauses shall be provided on site.

3.7.        OTHER CONDITIONS AND RESTRICTIONS


A50
      AMENDMENT 50 ON "SPECIAL" ZONED ERVEN, COUNCIL RESOLUTION 977, 31-10-89
A158
       AMENDMENT 158, COUNCIL RESOLUTION 1083, 25-03-98
A52
      AMENDMENT 52 ON F.A.R., COUNCIL RESOLUTION 1111, 23-1-90
     RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                           117


      The provisions of the Scheme, with particular but not exclusive reference to sub-clauses
      3.2.5 (4), (5) and (6); sub-clauses 3.2.1 (4) and (5) and sub-clauses 3.2.2 (3), where not
      at variance with the foregoing shall apply mutatis mutandis.

4.    INTERPRETATION
      Where in this Annexure reference is made to the "Scheme" or to "Clauses" such
      reference shall be deemed to be reference to the Richards Bay Town Planning Scheme
      and the provisions thereof.
          RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                            118


ANNEXURE 5 :           DETAILS OF RIGHTS PERMITTED TO BE EXERCISED AND CONDITIONS
                       AND RESTRICTIONS APPLICABLE TO ERF 1681, RICHARDS BAY
                                       A50
                       EXTENSION NO. 7


1.          USE ZONE: VIII LIMITED COMMERCIAL 2

2.          USE:

2.1.        PURPOSES FOR WHICH BUILDINGS MAY BE ERECTED AND USED

2.1.1.      Shop

2.1.2.      Office Building

2.1.3.      Commercial Workshop

2.1.4.      Launderette

2.1.5.      Municipal Purposes

2.1.6.      Public Offices

2.1.7.      Residential Building (except on ground level)

2.1.8.      Private Recreational Use

2.1.9.      Recreational BuildingA8

2.2.        PURPOSES FOR WHICH BUILDINGS MAY BE ERECTED AND USED WITH THE
            APPROVAL OF THE TOWN COUNCIL

2.2.1.      Medium Density Housing

2.2.2.      Educational Building

2.3.        PURPOSES FOR WHICH BUILDING SHALL NOT BE ERECTED AND USED
            Any purpose not included in the foregoing paragraphs 2.1 and 2.2.

3.           CONDITIONS AND RESTRICTIONS

3.1.        HEIGHT

3.1.1.      The maximum height of all buildings to be erected on the site, with the exception of
            Medium Density Housing, shall not exceed three (3) storeys.

3.1.2.      The maximum height of Medium Density Housing to be erected on the site, shall not
            exceed two (2) storeys.

3.1.3.      Shops shall not be erected and used on any storeys other than ground level.

3.2.        FLOOR AREA RATIO

3.2.1.      The maximum permissible Floor Area Ratio in respect of shops shall not exceed 0,11.

A50
      AMENDMENT 50 ON "SPECIAL" ZONED ERVEN, COUNCIL RESOLUTION 977, 31-10-89
A8
     AMENDMENT 8 ON ERF 1681, COUNCIL RESOLUTION 512, 10-11-82
         RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                              119


3.2.2.    The maximum permissible Floor Area Ratio in respect of all buildings, including shops,
          shall not exceed 0,375.

3.3.      PROPORTIONAL FLOOR AREA RATIO

3.3.1.    The maximum permissible Floor Area Ratio in respect of Medium Density Housing shall
          not exceed 0,35 where Medium Density Housing is erected and used in combination with
          any of the other land uses as specified in paragraph 2.1.
          The maximum permissible Floor Area Ratio applicable to Erf 1861 shall in such an event
          have a proportional Floor Area Ratio, calculated as depicted in Clause 3.3.2.
3.4.      COVERAGE
          The maximum permissible coverage of all buildings to be erected shall not exceed 25% of
          the area of the site.

3.5.      BUILDING LINES

3.5.1.    STREET BUILDING LINE :
          A Building Line of 7,5 metres shall be applicable to all boundaries of the site abutting onto
          any street.
3.5.2.    SIDE AND REAR SPACES :
          Side and Rear Spaces as contemplated in Clause 5.1.2 (3), shall be applicable to all
          buildings to be erected and used on the site.

3.6.      PARKING AND LOADING ACCOMMODATION
          Clause 5.2 and 5.3 "Parking Accommodation" and "Loading Accommodation" of the
          Scheme shall apply, mutatis mutandis to the site upon which this Annexure is applicable
          and any parking or loading accommodation required in terms of the said Clauses shall be
          provided on site.

3.7.      OTHER CONDITIONS AND RESTRICTIONS
          The conditions and provisions of the Scheme, with particular but not exclusive reference
          to sub-clauses 3.2.5 (4), (5) and (6); 3.2.1 (4) and (5) and 3.2.2 (3), where not at variance
          with the foregoing, shall apply mutatis mutandis.

4.        INTERPRETATION
          Where in this Annexure reference is made to the "Scheme" or to "Clauses" such
          reference shall be deemed to be reference to the Richards Bay Town Planning Scheme
          and the provisions thereof.
          RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004          120


ANNEXURE 6 :           DETAILS OF RIGHTS PERMITTED TO BE EXERCISED AND CONDITIONS
                       AND RESTRICTIONS APPLICABLE TO THE IDENTIFIED PORTIONS OF
                       LAND WHICH WILL TOGETHER BE USED FOR THE PURPOSES OF A
                       MARINA/SMALL CRAFT HARBOUR A107 A53 A50


1.          USE ZONE : XXIV SPECIAL

2.          USE :

2.1.        PURPOSES FOR WHICH BUILDINGS MAY BE ERECTED AND USED AND FOR
            WHICH LAND MAY BE USED

2.1.1.      Automotive Showroom

2.1.2.      Automotive Workshop

2.1.3.      Chalets

2.1.4.      Cluster Housing

2.1.5.      Dwelling House

2.1.6.      Grouped Housing

2.1.7.      Hotel

2.1.8.      Launderette

2.1.9.      Medium Density Housing

2.1.10. Municipal Purposes

2.1.11. Office Building

2.1.12. Parking Garage and Parking Erf

2.1.13. Place of Public Amusement

2.1.14. Place of Public Assembly

2.1.15. Place of Public Worship

2.1.16. Private Recreational Use

2.1.17. Public Garage

2.1.18. Public Office

2.1.19. Recreational Building

2.1.20. Residential Building



A107
       AMENDMENT 107 ON MARINA DEVELOPMENT, COUNCIL RESOLUTION 362, 9-11-95
A53
      AMENDMENT 53 ON MARINA DEVELOPMENT, COUNCIL RESOLUTION 1129, 27-2-90
A50
      AMENDMENT 50 ON "SPECIAL" ZONED ERVEN, COUNCIL RESOLUTION 977, 31-10-89
         RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004              121


2.1.21. Shop

2.2.      PURPOSES FOR WHICH BUILDINGS MAY BE ERECTED AND USED AND FOR
          WHICH LAND MAY BE USED ONLY WITH THE APPROVAL OF COUNCIL

2.2.1.    Caravan Park

2.2.2.    Educational Building

2.2.3.    Light Industry

2.3.      PURPOSES FOR WHICH BUILDINGS MAY BE ERECTED AND USED AND FOR
          WHICH LAND MAY BE USED ONLY WITH THE CONSENT OF COUNCIL

2.3.1.    Commercial Workshop

2.3.2.    Industry

2.3.3.    Parks for Mobile Homes

2.3.4.    Restricted Commercial Building

2.3.5.    Service Industry

2.3.6.    Service Workshop

2.3.7.    Special Building

2.3.8.    Marina Infrastructure

2.4.      PURPOSES FOR WHICH LAND MAY BE RESERVED IN TERMS OF THE SCHEME

2.4.1.    Conservation Amenity

2.4.2.    Public Open Space

2.4.3.    Existing Street

2.4.4.    Proposed Street and Street Widening

2.4.5.    Approximate Position of Proposed Street

2.4.6.    Street to be Closed

2.4.7.    Public Car Park

2.4.8.    Water Works

2.4.9.    Railway and Harbour

2.4.10. Sewage Disposal Works

3.        CONDITIONS AND RESTRICTIONS

3.1.      USE : PURPOSES FOR WHICH BUILDINGS SHALL NOT BE ERECTED AND USED
          AND FOR WHICH LAND SHALL NOT BE USED :
          Any purpose not included in the foregoing paragraphs 2.1, 2.2 and 2.3.
       RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                              122


3.2.    HEIGHT
        The maximum height of buildings to be erected on the property shall be limited to the
        maximum height restriction as determined from time to time by the harbour authority, to
        enable efficient control over water activities. The height of buildings shall furthermore not
        exceed the prescribed height restriction which applies to the different land use types
        which will eventually come into effect when the properties are finally zoned in terms of the
        Richards Bay Town Planning Scheme in course of preparation.

3.3.    FLOOR AREA RATIO
        The maximum permissible floor area ratio which will apply to all properties in the area
        shall not exceed the prescribed floor area ratio which applies to the different land use
        types which will eventually come into effect when the properties are finally zoned in terms
        of the Richards Bay town Planning Scheme in course of preparation.

3.4.    COVERAGE
        The maximum permissible Coverage which will apply to properties in the area shall not
        exceed the prescribed Coverage which applies to the different land use types which will
        eventually come into effect when the properties are finally zoned in terms of the Richards
        Bay Town Planning Scheme in course of preparation.

3.5.    BUILDING LINES AND SIDE AND REAR SPACES
        The building lines and side rear spaces which will apply to all properties in the area shall
        be in accordance with the prescribed building lines and side and rear spaces which apply
        to the different land use types, which eventually come into effect when the properties are
        finally zoned in terms of the Richards Bay Town Planning Scheme in course of
        preparation.
3.6.    PARKING AND LOADING ACCOMMODATION
        Clauses 5.2 and 5.3 “Parking Accommodation” and “Loading accommodation” of the
        Scheme shall apply mutatis mutandis to the site upon which this Annexure is applicable
        and any parking or loading accommodation required in terms of the said clauses shall be
        provided on site.
3.7.    OTHER CONDITIONS AND RESTRICTIONS
        The provisions of the Scheme inter alia Clauses 1.6 and 1.12, where not at variance with
        the foregoing, shall apply mutatis mutandis.
4.      INTERPRETATION
        Where in this Annexure reference is made to the “Scheme” or to “Clauses”, such
        reference shall be deemed to be reference to the Richards Bay Town Planning Scheme
        and the provisions thereof.
       RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                                  123


ANNEXURE 7 :            DETAILS OF THE PROPOSED NEW USE ZONE TO BE INTRODUCED TO
                        THE RICHARDS BAY TOWN PLANNING SCHEME IN THE COURSE OF
                        PREPARATION ARE AS FOLLOW: INTRODUCTION OF A NEW USE ZONE
                        TO THE RICHARDS BAY TOWN PLANNING SCHEME IN THE COURSE OF
                        PREPARATION TO ALLOW FOR A CASINO RESORT DEVELOPMENT ON A
                        PORTION OF REMAINDER OF ERF 5333 RICHARDS BAY


1.      USE ZONE: XXXVIII: CASINO RESORT

2.      REFERENCE TO MAP: Hatched Black in broad and narrow lines alternatively and
        numbered “38”

3.      EXTENT OF SITE: 15 hectares

4.      USE:

4.1.    PURPOSE FOR WHICH BUILDINGS MAY BE ERECTED AND USED AND FOR WHICH
        LAND MAY BE USED(FREE ENTRY USES)
                                                    MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE
                                                                       & HEIGHT
                        COLUMN 3
                                                    FLOOR AREA RATIO      COVERAGE         HEIGHT

         HOTEL
         CASINO ( as defined in terms of the Kwa-
         Zulu Natal Gambling Act, Act 10 of 1996)
         PLACE OF PUBLIC AMUSEMENT
         PLACE OF PUBLIC ASSEMBLY                         0,20               20%              4
         RESIDENTIAL BUILDING
         PRIVATE RECREATIONAL USE
         EDUCATIONAL BUILDING
         MUNICIPAL PURPOSES
         RECREATIONAL BUILDING




4.2.    PURPOSE FOR WHICH BUILDINGS MAY BE ERECTED AND USED AND FOR WHICH
        LAND MAY BE USED ONLY WITH THE CONSENT OF COUNCIL (CONSENT USES)


                                                    MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE
                                                                       & HEIGHT
                        COLUMN 4
                                                    FLOOR AREA RATIO      COVERAGE         HEIGHT

         DWELLING HOUSE
                                                          0,20              20%               2
         MEDIUM DENSITY HOUSING
         SHOP
         SPECIAL BUILDING                                 0,20               20%              4
         MARINA INFRASTRUCTURE




5.      CONDITION AND RESTRICTIONS

5.1.    PURPOSE FOR WHICH BUILDINGS SHALL NOT BE ERECTED AND/OR USED AND
        FOR WHICH LAND SHALL NOT BE USED (PROHIBITED USES)
        Any purpose not included in the aforegoing paragraphs 4.1 and 4.2.
5.2.    HEIGHT
        The maximum height of buildings to be erected on the property shall not exceed height
        restrictions included in the aforegoing paragraphs 4.1and 4.2, provided that Council,
       RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                             124


        under exceptional circumstances may consent to the erection of buildings or structures,
        such as architectural features, to a height of not more than eight (8) storeys.

5.3.    BUILDING LINES
        The following building lines shall be applicable:
        On street boundaries: 8 meters;
        On boundary with Mzingazi Canal: unspecified, subject to the provision of the Sea-Shore
        Act 21 of 1935, as amended, regarding the construction of any structure below the high-
        water mark of the sea and the recommendations emanating from an Environmental
        Impact Assessment in terms of Section 21 of the Environment Conservation Act 73 of
        1989, regarding the construction of any building or structure close to the edge of the
        Mzingazi Canal; and
        On western and north-western boundaries with future Mzingazi Canal Marina
        development: 10 meters.
5.4.    ENVIRONMENTAL IMPACT ASSESSMENT
        Development shall be subject to an Environmental Impact Assessment as set out in the
        Environment Conservation Act 73 of 1989, and the prior approval of a Development Plan
        and or Site Development Plan by Council as contemplated in Clauses 1.6 and 1.12 of the
        Scheme.

5.5.    GRANTING OF A CASINO LICENCE
        Development shall be subject to the successful granting of a casino licence to a casino
        licence applicant in accordance with the KwaZulu Natal Gambling Act 10 of 1996. An
        unsuccessful casino licence applicant cannot claim that any conditional zoning or
        planning authority for a casino resort development, as set out in this document,
        constitutes authority or precedent for any other development, whether on the original
        extent of the site or any amendment thereto as referred to in the aforegoing paragraph 3.
5.6.    GARDEN RESERVE
        A ten (10) meter wide garden reserve shall be provided parallel and contiguous to the full
        length of the casino resort site boundary with the John Ross Parkway and the future
        Mzingazi Canal marina, subject thereto that the:
        (i)   garden reserve shall, within a period of one year from the date of occupation of
              buildings on the site or of the commencement of activities thereon, whichever is the
              sooner, be developed and landscaped with lawns and gardens, at the cost of the
              Owner to the satisfaction of Council and thereafter be maintained by the Owner at his
              cost to the satisfaction of Council. In the event of such development, landscaping and
              maintenance not occurring to the satisfaction of Council, Council may take remedial
              action as contemplated, mutatis mutandis, in sub-clause 3.2.2.3; and
        (ii) Council may grant its permission to the construction of buildings or structures of a
             purely decorative nature within the garden reserve.

5.7.    DEFINITION OF “CASINO”
        A “casino” means any building in and premises upon which casino games, bingo and
        gaming machines may be played under the authority, and in accordance with the
        stipulated conditions, of a casino licence, bingo licence or licence to promote and conduct
        lotteries, whether temporary or final, granted by the Provincial Cabinet and issued by the
        KwaZulu Natal Gambling Board in terms of the KwaZulu Natal Gambling Act 10 of 1996.
        A Casino may include the following ancillary uses: Hairdressing salon, book shop,
        newsagent, automatic vending machines, travel agent, florist, booking agent, restaurant,
        curio shop or bank agency.
       RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                             125


        Provided that:
        (iii) for the purpose of this Use Zone the definition of such aforesaid ancillary uses and
              activities shall be at the sole discretion of Council;
        (iv) no commercial advertising of such aforesaid ancillary uses and activities shall be
             permitted on the site so as to be visible from the outside of the building;
        (v) access to such ancillary uses and activities shall be from within the Casino; and
        (vi) for the purpose of Floor Area Ratio, Coverage and height determination such
             aforesaid ancillary uses and activities shall be deemed to be part of the Casino.

5.8.    PARKING
        Parking and loading accommodation shall be in accordance with Clauses 5.2 and 5.3 of
        the Scheme.

5.9.    OTHER CONDITIONS AND RESTRICTIONS
        The provisions of the Scheme, where not at variance with the aforegoing, shall apply
        mutatis mutandis.
          RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                         126


ANNEXURE 8 :           DETAILS OF RIGHTS PERMITTED TO BE EXERCISED AND CONDITIONS
                       AND RESTRICTIONS APPLICABLE TO AREAS ADJOINING (OR CLOSE
                       TO) LAKE MZINGAZI IDENTIFIED AS FOLLOWS AND INDICATED ON THE
                       ATTACHED PLANS A50 A105


1.          DESCRIPTION OF AREAS (SEE ATTACHED PLANS)

1.1.        Area A, being within the existing golf course;

1.2.        Area B, surrounding the old water pump station in Meerensee;

1.3.        Area C, being a portion of land on which Greenhill is situated; and

1.4.        Area D, east of the existing water works.

2.          USE ZONE: SPECIAL XXIV

3.          USE:
            The sites may be used for the erection and use of buildings within the scope of scheme
            definitions, as follows:
            AREAS A AND B
            Chalet                            Cluster Housing
            Dwelling House                    Grouped Housing
            Medium Density Housing            Residential Building
            Parking Erf                       Shop
            Place Of Public Assembly          Place Of Public Worship
            Private Recreational Use          Recreational Building
            AREAS C AND D
            Chalet                            Cluster Housing
            Dwelling House                    Grouped Housing
            Medium Density Housing            Private Recreational Use
            Recreational Building             Residential Building
            Shop                              Place Of Public Worship
            Parking Erf                       Place Of Public Assembly
            Office Building                   Laundrette
            Hotel                             Place Of Public Amusement

4.          CONDITIONS AND RESTRICTIONS

4.1.        ENVIRONMENTAL IMPACT ASSESSMENT

4.1.1.      Detailed design and actual development shall be subject to Integrated Environmental
            Management procedures to determine the appropriate level of environmental assessment
            and management. Reference shall be made to all relevant present and future studies to


A50
      AMENDMENT 50 ON "SPECIAL" ZONED ERVEN, COUNCIL RESOLUTION 977, 31-10-89
A105
       AMENDMENT 105 0N RESERVATION OF LAND, COUNCIL RESOLUTION 361,9-11-95
         RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                           127


          ensure that appropriate and sustainable development takes place in Nodes A, B, C and
          D.

4.1.2.    The local authority shall regard the assessment, as amended from time to time, as a
          guide to the standard of management that is to be maintained and, should it appear in the
          opinion of the local authority, that this standard is not being maintained, it may serve a
          notice on the owners requiring them within a reasonable period to be specified in the
          notice, to remedy such situation.

4.1.3.    Such assessment shall address the integration of the site into the adjacent
          conservation/open space areas and in particular proposed access to the water's edge.

4.2.      DEVELOPMENT/SITE DEVELOPMENT PLANS

4.2.1.    The owner shall not develop any area, whether in part or in whole, without prior approval
          by the local authority of a Development Plan/Site Development Plan, as set out in
          Clauses 1.6 and 1.12 respectively, of this Scheme.

4.2.2.    Such Plan shall set out the details of the proposed development in accordance with
          Clauses 3.2.3, 3.2.4, 3.2.5, 3.2.6, 3.2.8, 6.1.8 and 6.1.9 in particular. It shall,
          furthermore, include relevant environmental and landscape details arising from the
          environmental assessment.

4.2.3.    The development nodes A, B, C and D shall be in accordance with the principles
          contained in the MOSS Plan, and be in keeping with and forming an integral part of the
          Conservation-Amenity reservation which surrounds the nodes.

4.2.4.    The Development and/or Site Development Plan shall detail all relevant bulk factors, viz.,
          relevant height, floor areas, coverage and other related requirements, in respect of
          development of the areas, denoted Nodes A, B, C and D along the shores of Lake
          Mzingazi, shall be determined to the satisfaction of the Council.
          RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                              128


ANNEXURE 9 :           DETAILS OF RIGHTS PERMITTED TO BE EXERCISED AND CONDITIONS
                       AND RESTRICTIONS APPLICABLE TO ERFS 1762 AND 1763, RICHARDS
                                                                 A113
                       BAY AS INDICATED ON THE ATTACHED DRAWING.


1.          USE ZONE: XXXI SPECIAL COMMERCIAL 3

2.          CONDITIONS AND RESTRICTIONS

2.1.        BUILDING LINES
            SIDE AND REAR SPACES: with reference to the consolidated Erf:
2.1.1.       No building or structure, other than parking and off-loading facilities, security and
             boundary walls less than 3m in height, shall be erected within the 20m electrical servitude
             along the south-western boundary; and

2.1.2.       The building line shall be 7,5m on the street boundaries and the side and rear spaces
             shall be 3m.

2.2.        PARKING
            On site parking with respect to all permitted land use types shall be provided at a ratio of
            1 parking bay per 50m² floor area of buildings and the provision of on site bus and taxi
            parking and manoeuvring areas shall be to the sole satisfaction of Council.
2.3.        OTHER CONDITIONS AND PROVISION
            The provisions of the Scheme, where not at variance with the foregoing shall apply
            mutatis mutandis.




A113
       AMENDMENT 113 ON BUS AND TAXI AREA, COUNCIL RESOLUTION 3400, 25-07-94
          RICHARDS BAY TOWN PLANNING SCHEME – FORTH DRAFT: AUGUST 2004                            129


ANNEXURE 10 : DETAILS OF RIGHTS PERMITTED TO BE EXERCISED AND CONDITIONS
              AND RESTRICTIONS APPLICABLE TO ERF NO 613 RICHARDS BAY.A111


1.           ZONING Use Zone XXIV Special

2.           PURPOSES FOR WHICH LAND MAY BE USED AND FOR WHICH BUILDINGS MAY
             BE ERECTED AND USED
             31. Public Garage
             41. Shop
3.           PURPOSES FOR WHICH LAND MAY BE USED AND FOR WHICH BUILDINGS MAY
             BE ERECTED ONLY WITH THE CONSENT OF COUNCIL
             42. Special Building

4.           MAXIMUM PERMITTED COVERAGE, FLOOR AREA RATIO AND HEIGHT
             The maximum permissible coverage, floor area ratio and height shall be restricted to the
             details of Building Plan No.951RB94 dated 13 October 1994 (i.e. 50% Coverage; 0,25
             FAR and height of 1 storey).
5.           PARKING
             Except for “Public Garage” and “Special Building”, (for which Erf 613 are exempted from
             the provision of on-site parking in terms of Clause 5.2.10 of this Scheme), parking shall
             be provided on-site for any “Shop” development on Erf 613 in accordance with Schedule
             6 Parts II and III.
6.           OTHER RESTRICTIONS
             The provisions of the Scheme, where not at variance with the above, shall apply mutatis
             mutandis.




A111
       AMENDMENT 111 ON ERF 613, COUNCIL RESOLUTION 686, 30-04-96

				
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