According to Orange Grove Residents Association chairperson, Roger Chadwick, the stretch of Louis Botha Avenue traversing Orange Grove hosts a higher concentration of alcohol outlets and illegal places of public worship than any other portion of this arterial route.
As charismatic churches, synagogues and mosques appear in houses, offices, and other buildings, residents are often disturbed by noisy services at unsociable hours, traffic congestion and occasionally confrontations with worshippers. Many struggle for years to negotiate with – or close – places of worship operating outside land use and building regulations.
The first step for anyone establishing a place of public worship, explained Marian Laserson, an architect specialising in town planning, is ensuring that zoning allows for such use. The Town Planning Scheme lists numerous zones appropriate for religious purposes – however, explained Laserson, even when zoning is in order, permission is needed for any change to the use of a building.
Establishment of a church in an office block, will increase the number of people the building can accommodate, and better ventilation, more toilets, and more parking bays may be required. Access and exits may no longer comply with fire safety regulations, and additional noise control measures may be required.
“These buildings aren’t designed for the weight of all those people in there,” said Laserson of Louis Botha Avenue’s many former shops and offices illegally housing places of public worship.
“We don’t object to legal places of public worship… We just don’t want to see people’s lives at risk,” added Chadwick.
To gain permission for a change of use, the owner must submit plans to be inspected for compliance with the National Buildings Regulation Act, after which a certificate of occupancy must be issued. Failure to do so leaves owners responsible for illegal property use, and open to prosecution for a criminal offence. Moreover, insurance companies may refuse to pay claims if an owner cannot produce approved plans.
The law is clear, but enforcement remains difficult. For example, many Orange Grove residents are themselves illegal occupants of properties owned by slumlords, said Chadwick, and are reluctant to draw attention by reporting land use violations. Moreover, many have insufficient knowledge of regulations.
Noise complaints can be reported to police, but illegal land use is best addressed by groups of residents co-operating to escalate complaints to Citizen Relationship and Urban Management via residents’ associations.
