Neighbours of new nursery school up in arms over alleged compliance allegations
National nursery school franchise is adamant that all compliance regulations are met in their phased approach to expansion.
Entrepreneurial endeavours are clashing with the preservation of a hard-earned lifestyle.
Away from regular back roads, nestled in the quiet centre of a peaceful suburb, there is a rising of tempers at the disruption of the status quo. The establishment of a nursery school has prompted residents to scrutinise the legality and compliance of its operators. The ensuing battle has been conducted between the party’s legal representatives with animosity traded in personal exchanges.
The KleuterZone Group runs a nursery school franchise that has branches in eight of the nine provinces, with 23 branches in Gauteng alone. Residents in Koorsboom Avenue began to notice advertising in mid-May for an Open Day scheduled for July 20 in their street. The franchise advertises itself as a promotor of Christian values with special emphasis on art, music and life orientation common with early childhood development institutions.
A tense exchange of words between residents and employees at the nursery school at the Open Day was followed by a written request for answers from neighbours. The notice was signed by 11 residents and requested explanations on everything from the granting of special consent from the municipality, property zoning and compliance certification. What has followed has been frosty and blunt rebukes.
Business owners in all sectors face mountains of red tape when opening and operating their contributions to the economy. KleuterZone Group responded with the detailed steps they take to ensure compliance. In an emailed response attributed to JP Schoeman of KSI Legal, it was clarified that the school has a multi-layered approach to building their client base which checks the required boxes.
“When the need arises for the opening of a school in a certain area, proper market research is done to ascertain the viability of opening such a school. A premises is obtained, normally utilising a long-term rental agreement and the landlord is specifically informed of our intention to use the premises as a school,” stated Schoeman.
“The school is initially opened with several children which does not exceed six in total,” added Schoeman.
Residents and Schoeman both confirm that less than six children are attending the nursery school and City of Johannesburg deputy director of communications, Nthatisi Modingoane clarified the municipal requirements.
“No consent is required if six or fewer children are accommodated on the erf. However, the operator still has to comply with Environment Health legislation that governs the safety of the children. In addition, the building needs to be safe for occupation in terms of the national building regulations,” he said.
The nursery school is currently advertising for 2024 enrolments and Schoeman elaborated on the steps KleuterZone Group take for expansion.
“Should it become evident that there is a need to expand the school further, an application for re-zoning of the premises will follow for us to accommodate more than 20 children. Strict criteria are applicable in both the processes of special consent and re-zoning,” he said.
Modingoane explained, “A consent use application can also be submitted if the zoning of the property makes provision for it. Such as on a Residential 1 zoned site, consent for a childcare centre is a secondary right to a property via submission of a consent application. Each application has its own application process and requirements that must be complied with and will include some form of public participation.”
The Koorsboom Street residents are not happy with what they believe is the manipulation of the rules that go against their interests.
“None of these homes have ever been zoned for business. If we bend this rule then we may as well bend every rule. If we do not preserve the social fabric, we may as well give up on everything,” summarised Gerard Heydenrych, who is leading the fightback on behalf of his neighbours.
The disagreement between the experienced operators and the determined homeowners may have a timer attached, as Modingoane states, “Consent use does not necessarily expire or lapse, they last until the owner opts to cancel it or due to non-compliance with conditions, where Council can then institute a process to terminate the consent use.”
KleuterZone Group believe the objections are ‘premature and without substance’ but residents will continue to challenge and close any perceived loopholes.
