Consent Use application in Emadlangeni.

Land use schemes distinguish between uses that are permitted as of right in a zone, uses that are permitted only with the municipality's consent, and uses that are prohibited outright. A consent use application deals only with the middle category. The zoning does not change; a right to conduct the named activity is granted on top of it, usually subject to conditions covering hours, intensity, parking, signage and neighbour impact.

Typical cases are a guest house or short-stay accommodation in a residential zone, a crèche or place of instruction, a place of worship, a home office or home enterprise, or a small shop in a residential area. The threshold question is always the same: does the scheme list this use as a consent use in this zone? If it does not, no consent application is possible and the route is a rezoning.

The consent right is generally narrower and more conditional than a zoning right. It can lapse if the use is not commenced within a stated period or if it stops, it can be tied to the applicant rather than running freely with the land in some schemes, and it can be withdrawn where conditions are breached. That is the trade-off for a process that is usually faster and materially cheaper than a rezoning.

The Spatial Planning and Land Use Management Act 16 of 2013 (SPLUMA) is the national framework: it requires every municipality to adopt its own land use scheme and municipal planning by-law, and it makes the municipality - not the province - the authority of first instance on land development applications. Consent uses are granted under the scheme provisions of the municipal planning by-law. Public notice to affected neighbours is still normally required, and objections must be considered before a decision.