Apply for or propose alteration or demolition of a provincial heritage site or a provisionally protected place, or the proposed structure or part of a structure that is older than 60 years.
Citizens can apply for or propose alteration or demolition of a provincial heritage site or a provisionally protected place, or the proposed structure or part of a structure that is older than 60 years.
Information to be submitted as part of a permit application is required for Provincial Heritage Resource Authority of Gauteng (PHRA-G) records and in order for the application to be considered. Prospective permit applicants must therefore ensure that they have all the correct information before proceeding to submit their applications.
It is the responsibility of the applicant to research potential sources of information, such as relevant title deeds, showing information of previous ownership. This information is required in order to develop a statement of the cultural significance of the structure in question.
As advised in the National Heritage Resources Act, 1999 (Act 25 of 1999), all efforts are to be made to prevent the destruction of heritage resources that are considered part of the country’s national estate. A structure or parts of a structure that are older than 60 years, might be culturally significant in view of inter alia, “its strong or special association with a particular community or cultural group for social, cultural or spiritual reasons”. It is therefore necessary to provide interested or affected parties with an opportunity to comment on any proposed demolition prior to submitting an application to PHRA-G.
A clear evidence of a site notice and newspaper advert calling for comments with respect to the proposed demolition having been published in an appropriate local newspaper, on site notice allowing for a minimum period of 30 days for comments must be submitted as part of supporting documents.
Applications are submitted at the Department of Sport, Arts, Culture and Recreation, 35 Rissik Street, Surrey House, 2nd Floor Johannesburg.
Once the application is approved, PHRA-G will issue a permit to the applicant, subject to a general appeal period of 14 days. The permit may be suspended should an appeal be received by the PHRA-G committee within 14 days from the date of the permit. PHRA-G is not liable for any costs or losses incurred in the event of the suspension of retraction of such a permit. The appeal against the permit will be considered by PHRA-G‘s Appeals Committee and directives will be issued.
It is important to note the permit may be preceded by the following conditions: - amendment of drawings;
- detailed recording of the structure/s to be demolished
- donation of items e.g. doors, window frames, floor boards to PHRAG’s restoration materials bank.
The applicant has the right to appeal against disapproval of his/her permit application. The applicant may also lodge an appeal against a decision pertaining to the conditional issuing of a permit. Any such appeal will be considered by the PHRA-G Appeals Committee once they have been notified in writing about the intention to appeal and reasons such an appeal are given.
A call for a Heritage Impact Assessment (HIA) may be implemented in the event of a proposed development being categorised as follows: - the construction of a road, wall, powerline, pipeline, canal or other similar form of linear development or barrier exceeding 300m in length;
- the construction of a bridge or similar structure exceeding 50m in length;
- any development or other activity which will change the character of a site:
- exceeding 5 000 square metres in extent; or
- involving three or more existing erven or subdivisions thereof; or
- involving three or more erven or divisions thereof which have been consolidated within the past five years; or
- the costs of which will exceed a sum set in terms of regulations by PHRA-G; the re-zoning of a site exceeding 10 000 square metres in extent; or any other category of development provided for in regulations by PHRA-G.
It is suggested therefore that the PHRA-G Provincial Office be consulted and notified at the earliest possible opportunity in the event of the likelihood that a development is proposed and falls under the above-mentioned categories/section 38 implications.
A Heritage Impact Assessment Report must include: - The identification and mapping of all heritage resources in the area affected;
- an assessment of the significance of such resources…;
- an assessment of the impact of the development on such heritage resources;
- an evaluation of the impact of the development on heritage resources relative to the sustainable social and economic benefits to be derived from the development;
- the results of consultation with communities affected by the proposed development and other interested parties regarding the impact of the development on heritage resources;
- if heritage resources will be adversely affected by the proposed development, the consideration of alternatives;
- plans for mitigation of any adverse effects during and after the completion of the proposed development.