Durban - Ratepayers associations and political parties are fuming at eThekwini Municipality’s decision to amend its land use management schemes which allows people to “temporarily” operate their business from home and other available facilities, regardless of the zoning, for an extended period of time.
The amendments, which were signed this month with mayor Mxolisi Kaunda’s blessing, allows individuals to set-up businesses such B&Bs, day-care facilities and spaza shops at their homes and to install gambling machines at any facility licensed to sell alcohol.
The city’s by-laws had allowed for “temporary” permission for out-of-the-ordinary uses up to 28 days in a calendar year. But the amended regulations have bumped up the period of temporary operation to 52 days in a calendar year, and can be extended further.
The detractors claimed that the municipality already had a poor track record in enforcing by-laws.
They questioned the municipality’s commitment to police the mushrooming of temporary businesses around the city, due to the amendments, and ensure that those businesses are shut once the maximum period had been reached.
Nicole Graham, DA caucus leader in the council, said the amendments are “basically the suspending of the city’s town planning regulations”.
“On the list of exemptions, many of those are already causing lots of problems in communities across the board and are badly controlled.”
Graham said she was cognisant of the need to make it easier for people who want to operate a business to do so.
“But you can’t suspend the key provisions of the town planning schemes to achieve that. Now every bar is going to have gambling machines and everyone who can will open a tuck shop; people will convert their homes into business, boarding houses, etc. without it being zoned for that.”
Carol Bailey, chairperson of the Drummond Ratepayers Association, said her biggest concern was the “long period of temporary use” and no limit attached to extension, which would give rise to a possible permanent “temporary” use.
“Historically, we found that most of these apparently minor changes are a precursor to major changes,” said Bailey.
Eddie Govender, chairperson of the Silverglen Ratepayers Association, said most of the existing illegal business in the city resulted from the lack of policing and it was a huge challenge to get authorities to respond to complaints.
“Residential zones and its infrastructure was not designed to house businesses. This will exacerbate the challenges communities are already facing,” said Govender.
Jeeva Pillay of the Tongaat Ratepayers Association said: “The pandemic cannot be used to take away people’s rights. In this case, residents rights to peace, quiet, low vehicular traffic, safe air quality, light pollution, quiet sleep time and any other benefits of living in a residential area.”
Municipality spokesperson Msawakhe Mayisela, said that their land use schemes had accommodated exemptions on a temporary basis for years.
Applicants still needed permission to operate businesses, and ermission granted was definitely temporary in nature.