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11 November 2024

REQUIREMENTS FOR A SPAZA SHOP TO BE APPROVED BY LANGEBERG MUNICIPALITY

Spaza shop applications in Langeberg Municipality are evaluated in terms of the Langeberg Spaza Policy, April 2015 (Council Resolution A3108) which includes the following:

  1. Ownership and Structure: The spaza shop must be operated by the property owner, a family member, or a legal tenant residing on the property. The structure must be authorized and enhance the residential neighbourhood without compromising safety, welfare, or aesthetics. No application may be made for a spaza shop on a site which is in the ownership of the municipality or the State.
  2. Application Completeness: The application must be fully completed with all supporting documents, including a site plan, proof of ownership, copies of ID documents, and the prescribed application fee.
  3. Advertising and Notification: The application must be advertised, and written notices must be sent to surrounding property owners for their comments. Proof of such notification must be recorded.
  4. Health and Building Compliance: The application must be reviewed by the Health Department, Building Inspectorate, Ward Committee, and SAPS. These entities must provide reports on compliance with relevant legislation and their recommendations.
  5. Site Inspection: The Town Planning Department must conduct an on-site inspection and prepare a report and recommendation.
  6. Council Decision: The application is considered by the Council or its delegated authority, with specific regard to the requirements outlined in Sections 4 and 5 of the policy.
  7. Merit-Based Evaluation: The evaluation includes:
    • The floor area of the spaza shop must not exceed 25m² or 30% of the total floor area of all approved buildings on the property.
    • The dominant use and appearance of the property must remain residential.
    • The spaza shop must not negatively impact surrounding properties.
    • The owner of the business must live on the site.
    • Operating hours are restricted between 07:00 and 21:00.
    • The location must be desirable and not within 400m of other business-zoned sites or existing spaza shops unless in a defined economic zone.
  8. Health Requirements: The spaza shop must meet health requirements, including adequate ventilation and illumination, and must not open directly onto a bedroom or toilet.
  9. Final Decision: The applicant is informed of the decision in writing, and a complete record of all applications and decisions is kept by the Town Planning Department.

Applications may be refused for non-compliance with these requirements, lack of desirability of the proposed use, adverse impact on safety and welfare, or negative impact on existing rights.

Spaza shops which open without Council approval are illegal, and the owner and operator are liable to be prosecuted. Residents must ensure that they purchase only from spaza shops which have Council-approval and which display their business licence as well as their health certificate (Certificate of Acceptability) from the Cape Winelands District Municipality (Health Department).

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