No, town planners in private practice do not work for the municipality. The municipality does determine their own spatial development framework, the town planning schemes that regulates the use of land and the by-law which determine the processes that need to be complied with if you for instance want to change your land use (rezoning) or would like to subdivide your property. The town planner in private practice assists the landowner to submit applications on their behalf in terms of the municipal by-law and to follow up on the application until a decision has been made by the municipality.

Most by-laws prescribe application procedures for the following type of applications, with which a town planner can assist:

· Removal of restrictive conditions (restrictive conditions in the title deed that needs to be removed to for instance change a building line, use the property for a different purpose or to further subdivide the property);

· Consent use (to use the property for a different purpose that is similar/related to the current use and allowed for in terms of the applicable town planning scheme)

· Rezoning (to use the property for a land use specified in a different use zone or to change the building controls)

· Township establishment (to change an existing farm portion into a township consisting of 2 or more erven - which can even be thousands of erven)

· Subdivisions of erven or farm portions

· Consolidations

There are also applications for which formal processes are not mentioned in the by-laws, which do require consents from the municipality, like the registration of certain servitudes or the registration of farm portions for which consents were obtained in terms of Act 70/1970.

The interpretation of SDF’s and land use schemes, as well as the application processes in terms of the by-laws have become very technical. The application process is also subject to public participation which can result in a hearing of objections. During these hearings applications are scrutinized by objectors to find ways to get an application rejected. In short, you are allowed to put in your own stiches, but most people prefer a doctor to do so.

In most cases the town planner will be the starting point of a new project. The town planner can assist in obtaining a zoning certificate to establish the current land use rights and building controls of a property, after which the correct procedure can be determined for any changes that are required. The town planner will connect the landowner with the other professionals and provide guidance in terms of when and for what purposes their services might be required.

Yes! There are however different criteria that must be considered. The town planner cannot guarantee that an application will be approved, but can advise on the chances of success, based on previous experience with different departments.