Melville Residents' Association » » Land Use – Objection ERF 34, 65 1st Avenue – Melville (10-bedroom student accommodation)

Land Use

Residents, Businesses and Interested parties,

You are invited to object to the below application for a property located at 65 1st Ave Melville that is applying for rights to become a 10-bedroom student accommodation.

APPLICATION IN TERMS OF SECTION 19 OF THE JOHANNESBURG MUNICIPAL PLANNING BY-LAW. READ WITH CLAUSE 40 OF THE CITY OF JOHANNESBURG LAND USE SCHEME 2019 FOR THE ESTABLISHMENT OF A RESIDENTIAL BUILDING (COMMUNE) FOR STUDENT ACCOMMODATION IN RESPECT OF ERF 34, MELVILLE

You have the right, amongst other personal reasons, to object based on the following grounds:

1. Failure to prove Need, Reasonableness, Desirability and Public Interest:

The application does not address the need, reasonableness, desirability and public interest. There is a documented oversupply of student accommodation in the area, while single-family homes for entry-level homebuyers are in short supply. The applicant doesn’t sufficiently address why this site and this home, in particular, is in the public interest.

2. The neighbouring properties to the south, east, and north are all Residential 1 properties. They comprise single-storey, family dwellings and are part of the core residential suburb of Melville. The area does not support such density.

3. Lack of infrastructure and resources. Melville and the Hursthill area are suffering from well-documented extreme water scarcity. Until urgent upgrades are conducted on the water infrastructure in the area, the suburb absolutely cannot support additional development.

4. Misleading application details: The notice posted at the property does not comply with standards and has incorrect and misleading contact details to lodge an objection, so it is likely many objections will not be received by the City.

5. Illegal building work: The property began work to convert the single-family home to a commune before it had the appropriate zoning.

6. Several complaints have been made to the Melville Sector Crime Forum, JMPD, Residents’ Association and the ward councillor over the past few months for a noise nuisance and operating a construction site after hours at this property. Hence, considerable nuisance is caused by the existing illegal building and it would be misleading to suggest that an increase in occupancy by students would cause no nuisance and disruption. It is the role of the City to manage illegal land uses and the property should be compelled by the City to return to its legal and desirable Residential 1 use for a family home.

7. High-density student accommodation poses significant fire risks to occupants and surrounding properties. This will stretch the capacity of an already strained fire brigade and police service.

8. There is no site development plan presented with the application to indicate how the property has been altered. There is no indication that adequate outside space, fire exits, bathrooms, room sizes, parking spaces and caretaker accommodation have been provided.

9. There has been no application to PHRAG or the Melville Residents’ Association Heritage portfolio for amendments to this property. Melville is a historically significant suburb, with most houses having heritage protection. Any changes need to comply with heritage considerations, not mentioned in this application.

10. The communes policy allows for 8 rooms, however, the applicant has made no special application for the need for 10 rooms as per their application or why they require additional allowances.

Should you wish to object please email

objectionsplanning@joburg.org.za and cc mra-landuse@ilovemelville.co.za and kelem09@gmail.com

(please use the ABOVE EMAIL ADDRESSES as those provided in the notice by the applicant are NOT CORRECT)

DEADLINE 20 MARCH 2023

NB!!!! Please do not copy-paste the reasons above as is! Pick the points that apply to your objections, and add any based on your own experience and views. If objections are identical they are treated as a single petition, not multiple objections.

You do not have to be a direct neighbour to the object. Anyone who visits, works, or lives in the suburb can lodge an objection if it will affect your amenity of the suburb, your house prices, your work, or your access to services.

The template for resident objection is below:

TEMPLATE

I, as an affected resident, formally object to the application for commune consent at erf 34, located at 65 1st Ave, Melville on the following grounds:

4. [delete this and include additional points as you see fit]

I thank the City for the opportunity to comment/object. Please note that these are summary points and that I reserve the right to expand on them or make additional points.

Please acknowledge receipt of the objection and kindly notify me timeously of the date of the hearing of this matter.

NAME:

ADDRESS:

CONTACT DETAILS/EMAIL:

PLEASE NOTE!

In order for your objection to be valid it must follow the below format/structure.

The above template contains this information, but if you prefer to draft your own objection, please ensure the below points are included:

Municipal planning bylaw 68 – Validity of Objections

(1) Where in terms of any provision of this By-law any person may lodge an objection against any land development application or appeal, such objection must clearly set out:

(a) the right, interest or legitimate expectation the objection is framed to protect, [this means that you need to lay out specific reasons as to why you are objecting to the change in land use rights application] and

(b) the full contact details, including e-mail and facsimile details, of the person objecting, failing which, the objection may be deemed to be invalid and may be disregarded. [You MUST include your contact details, in full, as part of the objection]