T  HE planning control unit, which falls under the development management directorate, in the development planning, transportation and environment department, investigates contraventions of the town planning by-laws and takes the necessary civil or criminal steps against offenders to ensure compliance with the by-laws. If, as a member of the public, you are aware of a contravention of these by-laws - for example, the house over the road from you has begun to operate a full-time panel-beating business in an entirely residential suburb, you may lodge a complain with the unit.

1. How do I lodge a complaint?
You may lodge a complaint anonymously by contacting the number listed below, or completing the complaint form and sending it by fax or post, or by sending an e-mail to the address below.

You may lodge a complaint in person, either by phoning, sending a fax, sending an e-mail, or posting a letter. The contact details of the unit are as follows:

Telephone Nontsasa Myeki on 011 407 6040; or fax our offices on 011 339 2211; or e-mail This e-mail address is being protected from spam bots, you need JavaScript enabled to view it ; or post a letter to P O Box 30733, Braamfontein 2017.

For your convenience, we have compiled a complaint form, which you can download, fill in and return to us.

2. Investigation of a complaint
When the planning control unit receives a complaint, the procedure set out below is followed:

a) Preliminary investigation
The unit will identify the correct erf (ie stand) number and obtain the zoning rights of the property.

b) Site inspection
A planning control law enforcement officer will conduct a site inspection to establish whether the unauthorised use exists. He will complete an inspection report detailing his observations, take photographs and gather any other evidence that supports the unauthorised use. If there is someone at the premises, he may serve a notice immediately on them. Otherwise a notice is posted to the offender.

c) Notice
The notice is an official warning, calling upon the offender to stop the unauthorised use. The usual time period given for compliance is 30 days. The law enforcement officer will then acknowledge receipt of the complaint and advise the complainant of the action taken.

d) Re-inspection
After the notice period expires, the law enforcement officer will revisit the site. If the unauthorised use has been terminated, the file will be closed. If the use continues, an assessment will be undertaken to determine whether there is a prima facie case and, if so, the matter will be referred to the council's attorneys for further action.

e) Legal action
The council's attorneys will launch civil proceedings against the offender to interdict him from continuing with the unauthorised use. If this action is successful in court, the attorneys will obtain a court order. The sheriff of the court is usually authorised by the courts to execute the court order if the respondent does not comply with it.

An opposed legal action can take a long time to conclude.

f) Municipal courts
Once the municipal courts are operational (during the course of 2004), the unit will prosecute certain offenders criminally for non-compliance.

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