SOUTH AFRICAN
AMATEUR RADIO LEAGUE
April 2013
A basic explanation of
antennas used by amateur
radio operators
1. Introduction
The following applies to antennas:

Building regulations;

Zoning scheme regulations;

Other relevant legislation,
pertaining to the obtaining of
planning approval from local
authorities for antennas used by
amateur radio operators.
2. We have a PROBLEM
Why?
New zoning scheme regulations
being implemented by various
municipalities throughout South
Africa.
 Restrict the erection of amateur
radio operator’s antennas in
residential areas zoned as such.

Short Legislative History


The Constitution of the RSA, allows that
municipal planning may be done in terms
of by-laws promulgated by local
authorities.
The National Building Regulations and
Building Standards Act, 1977 (Act No.
103 of 1977) and the Regulations in
terms of the Act provide for local
authorities to determine when planning
authority is needed or not.
CT v JHB

A study of the Cities of Cape Town
and Johannesburg’s Zoning Scheme
regulations gives an overview of how
local authorities approach the
obtaining by amateur radio operators
of planning approval for the erection
of a Freestanding Base
Telecommunication Station and Roof
Antennas.
Different Regulations apply to:
Rooftop Antennas
 Freestanding Base Antennas

The regulations
distinguish between
primary and consent use.
ROOFTOP BASE
Rooftop base telecommunication
station may not extend more than
3m in height above the part of the
building that it is attached to.
 Should it extend more than the
permitted 3m, prior approval of the
City of Cape Town is required.

FREESTANDING BASE
If a freestanding base
telecommunication station is
authorized as a primary use on a
property, the freestanding base
telecommunication station may be as
high as 25m. (City of Cape Town)
 Environmental affairs however kicks
in for antennas higher than 15m.

Definition of antenna ito Zoning
Scheme Regulations
‘Antenna’ is defined as ‘any
system of wires, poles, rods,
reflective surfaces or similar
devices, used to transmit or
receive electronic
communication signals or
electro – magnetic waves’.
Definition of ‘rooftop
telecommunication station’ ito
Zoning Scheme Regulations

Rooftop telecommunication station is
defined as ‘ a support structure
attached to the roof, side or any other
part of a building and used to
accommodate telecommunication
infrastructure for the transmitting or
receiving of electronic communication
signals’.
‘Telecommunication infrastructure’
ito Zoning Scheme Regulations

telecommunication infrastructure is defined as
‘part of the infrastructure of a
telecommunication network for radio wireless
communication, including voice, data and video
telecommunication, which may include
antennas; and any support structure,
equipment room, radio equipment or optical
communications equipment (laser or infra-red)
provided by cellular network operators and
any other telecommunication provider; as
well as ancillary structures needed for the
operation of telecommunication infrastructure.’
TELECOMMUNICATION
STATIONS - PRIMARY USE
Zoning
 In terms of the Zoning scheme
Regulations , telecommunication
stations may only be erected in
certain zones – RESIDENTIAL ZONES
ARE NOT LISTED UNDER THESE
ZONES.
CONSENT USE – ROOFTOP
BASE




Rooftop base telecommunication stations
may only be erected as a CONSENT USE
in the following residential zones:
Single Residential: Zone 1 and Zone 2
General Residential: Zone 1 (Group
Housing)
General Residential Subzones: (GR2 to
GR6)
FREESTANDING BASE
TELECOMMUNICATION STATION
Freestanding base
telecommunication station may only
be erected as a primary use in
certain zones:
 RESIDENTIAL ZONES are not listed
under these zones.

CONSENT USE –
FREESTANDING BASE
Freestanding base
telecommunication station may only
be erected as a CONSENT use in
certain zones:
 RESIDENTIAL ZONES are also not
one of these zones.

FREESTANDING BASE restrictions





FREESTANDING BASE Telecommunication
stations may therefore NOT BE ERECTED
in the following zones:
Single Residential Zone 1: Conventional
Housing.
Single Residential Zone 2: Incremental
Housing.
General Residential Subzones 1: Group
Housing.
General Residential Subzones: Gr2 to Gr6.
EFFECT ON AMATEUR RADIO
OPERATORS
An amateur radio operator will not
be able to erect a freestanding base
telecommunication station on any
property zoned for residential
purposes.
 Unless you rezone to an appropriate
zone

EFFECT ON AMATEUR RADIO
OPERATORS


An owner of a property zoned as
residential, will not be able to apply for a
departure to erect a freestanding amateur
radio antenna, as the land use of the
property does not permit such a use.
Departures from the restriction to 3m of
the height of the rooftop base
communication station can however be
applied for, should the land use allow the
erection of such a communication station.
HERITAGE PROTECTION

The erection of a rooftop base
communication station and a
Freestanding Base
Telecommunication Station will
necessitate a permit application
should the property be older than 60
years or formally protected in terms
of section 27 of the National Heritage
Resources Act.
JOHANNESBURG ZONING
SCHEME REGULATIONS

A Freestanding Base
Telecommunication Station is
presently viewed as a ‘building’
for the purposes of the Act.
JOHANNESBURG ZONING
SCHEME REGULATIONS
Plans of ‘buildings’ should be
submitted to and approved prior to
the erection of a ‘building’.
 This process includes the applicable
Building Control Officer making
recommendation to the local
authority.

JOHANNESBURG ZONING
SCHEME REGULATIONS
The local authority:
 Must take into account: nature or
appearance
 Whether the area will be disfigured;
 Is it unsightly or objectionable;
 could it derogate from the value of
adjoining or neighboring properties;
then the local authority shall refuse to
grant approval.
National Building Regulations
allow for the exemption of ‘minor
building works’
 exemption of authorisation for
erection thereof.

SCHEME REGULATIONS


The building control officer can exempt
an owner of any building.
Suggestion: maybe a Freestanding Base
Telecommunication Station could be a
minor building work.
Section 18 of the National Building
Regulations and Building Standards Act,
1977 stipulates when a local authority
may allow deviation and allow
exemption from national building
regulations.
POLICIES IN PLACE



Both the City of Cape Town and the City of
Johannesburg have Cellular Mast Policies
in place.
Cape Town in its draft dated January 2011
sets out a cumbersome process for
applicants to follow.
The main objective being to have the
cellular masts at least 50m away from any
habitable building.
POLICIES IN PLACE


Johannesburg however, sees Cellular
Masts as part of infrastructure and as such
tries to be accommodating towards the
Cellular industry.
Both policies however: does not
cater for the amateur radio operator,
and is therefore not accommodating
such operators.
SUMMARY
A freestanding amateur radio
antenna is considered a “building”
in terms of the National Building
Regulations and Building Standards
Act, 1977.
 Approved building plans is therefore
required before an amateur radio
antenna may be erected.

SUMMARY



Freestanding amateur radio antennas cannot be
erected in any area zoned for residential
purposes. (City of Cape Town)
No distinction between an amateur radio antenna
and a cellular mast erected for commercial
purposes in the Zoning Scheme Regulations of
either Cape Town or Johannesburg.
Both cities have ‘Cellular Mast Policies’ but
neither is applicable nor practical for the erection
of an amateur radio antenna.
SUMMARY


If a local authority accepts that a freestanding
amateur radio antenna falls under the definition
of ‘minor building works’ as defined in the
National Building Regulations, the building
control officer can be approached to exempt an
owner of any ‘building‘ from submitting plans.
Should a local authority not deem freestanding
amateur radio antennas as ‘minor building
works’, the local authority can be approached
to grant an exemption to the building
regulations. This exemption will not include
strength specifications or the stability of the
antenna structure.
SUMMARY
We must for the time being:
 apply for exemption to either the building
control officer or the local authority.
The way forward:
 The Minister can be approached to exempt
an owner (Who is also a radio
amateur) of land from the provisions of
such applicable national building
regulations.