Campaign to address illegal house shops

GEORGE NEWS - The George municipal council approved a revised Policy on House Shops and Other Residential-Based Retail Concerns in November 2021.

The revised policy establishes sustainable land use management guidelines to allow the operation of house shops or similar micro-enterprises from residential properties.

It focuses on ensuring short-term economic sustainability in low-income residential neighbourhoods such as townships, subsidy housing areas and informal settlement areas, but also facilitates a long-term spatial strategy for these neighbourhoods.

The residential business survey conducted by the municipality town planning department in March 2022 revealed that of the 308 house shops recorded in the George municipal area, including Blanco, Pacaltsdorp, Thembalethu, Wilderness, Haarlem and Uniondale, only five are legal in terms of the town planning law.

This has therefore necessitated a vigorous drive on rectification of illegal house shops in the greater George area.

Amnesty period

As part of the rectification process, all owners and/or operators of illegal house shops or third party retail concerns, including those who have previously been served a notice, will be granted an amnesty period of three months to rectify their operation without having to pay any penalties or fines.

"The amnesty will only be granted if the operator can present proof of the shop's existence prior to the implementation of the new zoning scheme on 1 September 2017 and accepts the general conditions of approval for house shops," said Clinton Petersen, senior manager in town planning.

It should be noted that granting of amnesty does not imply that the municipality supports the illegal businesses, and does not guarantee that their application will be approved.

First notice

Petersen confirmed that the municipality has already started issuing notices directly to all unauthorised house shops in George.

"The notice that we have issued is a 'first notice', which basically informs and warns the property owner and the house shop operator that they have utilised the land outside the zoning scheme prescripts and without the approval of the municipality,"

Petersen said. "The notice furthermore advises that they must rectify the contraventions (the illegal activity and/or building works) within 30 days of the date of notice being served. The notice will also request the owner/operator to contact and visit the town planning department to discuss options in rectifying the contravention."

If the property owner and/or house shop operator does not comply with the 'first notice', the municipality will issue a second notice allowing the owner and/or operator a further 14 days to address the contravention.

Should the owner and/or operator adhere to the above-mentioned notices, the planning department will assist and advise him/her on the requirements of submitting their land use applications.

They will also be advised that the submission of such an application does not give them the authority to continue operating the illegal shop, and further, that submission of the application does not guarantee that their application will be successful.

The owner and/or operator will then have one month to submit the required land use application.

"Should the second notice not be adhered to, or the land use application not be submitted, the matter will be handed over to the Department of Legal Services and Compliance for the instituting of further legal action. The legal department will issue a final compliance notice allowing the owner and/or operator a final opportunity (14 days) to address the contravention, failing which, the department will be instructed to either lay a criminal charge with the police or appoint an attorney to institute civil proceedings against the owner and/or operator," he said.

Legal action

The municipality may deviate from the above procedures and institute legal action if the activity and/or structure poses an imminent danger to life or property, or if illicit activities are suspected to be taking place on the property and pose a threat to the health and well-being of the community concerned.

The owners can contact the official who issued the notice on the phone number or the email address provided thereon. They can also visit the offices on the fifth floor of the municipal building at 71 York Street.

For enquiries, the public can contact the office on 044 801 9477. They can also send an email to town.planning.complaints@george.gov.za to register a service request. There will be a town planner on duty every day to assist with these queries.

Permitted position of house shops in terms of the policy.