Update: City weighs in on Chicken Licken debacle

Construction to the drive-thru chicken outlet has been halted by the council. (Photo: Riaan van Zyl)

After more than a week, the City of Johannesburg Council has finally commented on the status of the Chicken Licken debacle.

One of the City’s communication officers, Nthatisi Modenguane, wrote in an email that “The application for consent as submitted by the owner/ applicant will need to be re-submitted. The City of Johannesburg Municipal Planning By-law, 2016, (CoJMPB) came into operation on the 1 September 2016, the same day that they submitted their application. The problem is that they submitted their application in terms of the provisions of the Roodepoort Town Planning Scheme, (RTPS) and the processes of the two different pieces of legislation differ from each other. Although the applicant complied fully with the application process as provided in the RTPS, there are slight differences in the process as required in terms of the CoJMPB”.

According to Modenguane the differences are as follows :

· In terms of the CoJMPB, the owners/ occupiers of all contiguous erven shall be notified by registered post, by hand or any other means informing such owners/ occupiers of all the detail of the proposed use, as applied for.

This was not done, as it was not a requirement in terms of the provisions of the Roodepoort Town Planning Scheme.

· The applicant did however advertise the proposed application in two newspapers (Beeld & Citizen) for two consecutive weeks as per provisions of the RTPS, a process which is no longer required in terms of the CoJMPB.

The applicant provided proof of such.

The similarities between the CoJMPB and the RTPS are as follows :

· A Site Notice, displayed on the land under consideration is required in both the CoJTPS and the RTPS, although there are slight differences in the timeframes between the two pieces of legislation.

The applicants provided proof by way of an affidavit and photographs, that they complied with this requirement in terms of the RTPS.

“In light of the fact that the applicant will need to re-submit the application, the comments on the other issues raised by the complainant are irrelevant at this stage. It should be noted, that the “objectors” will need to respond to the application within the required timeframes as per legislative requirement once the application is re-submitted,” concluded Modenguane.

Some 270-odd households in Florida Park are vehemently opposing the erection of a drive-thru Chicken Licken outlet on Ontdekkers Road’s service road. They are accusing the franchisee of not having followed proper procedure.

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Riaan van Zyl

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