SOUTH AFRICAN SOUTH AFRICAN AMATEUR RADIO LEAGUEAMATEUR RADIO LEAGUE

A basic explanation of A basic explanation of antennas used by amateur antennas used by amateur

radio operatorsradio operators

April 2013

1. Introduction1. Introduction

The following applies to antennas:The following applies to antennas: Building regulations;Building regulations; Zoning scheme regulations;Zoning scheme regulations; Other relevant legislation, Other relevant legislation,

pertaining to the obtaining of pertaining to the obtaining of planning approval from local planning approval from local authorities for antennas used by authorities for antennas used by amateur radio operators.amateur radio operators.

2. We have a PROBLEM2. We have a PROBLEMWhyWhy??

New zoning scheme regulations New zoning scheme regulations being implemented by various being implemented by various municipalities throughout South municipalities throughout South Africa.Africa.

Restrict the erection of amateur Restrict the erection of amateur radio operator’s antennas in radio operator’s antennas in residential areas zoned as such.residential areas zoned as such.

Short Legislative HistoryShort Legislative History

The Constitution of the RSA, allows that The Constitution of the RSA, allows that municipal planning may be done in terms municipal planning may be done in terms of by-laws promulgated by local of by-laws promulgated by local authorities.authorities.

The National Building Regulations and The National Building Regulations and Building Standards ActBuilding Standards Act, 1977 (Act No. , 1977 (Act No. 103 of 1977) and the 103 of 1977) and the RegulationsRegulations in in terms of the Act provide for local terms of the Act provide for local authorities to determine when planning authorities to determine when planning authority is needed or not.authority is needed or not.

CTCT v v JHBJHB

A study of the Cities of Cape Town A study of the Cities of Cape Town and Johannesburg’s Zoning Scheme and Johannesburg’s Zoning Scheme regulations gives an overview of how regulations gives an overview of how local authorities approach the local authorities approach the obtaining by amateur radio operators obtaining by amateur radio operators of planning approval for the erection of planning approval for the erection of a of a Freestanding BaseFreestanding Base Telecommunication Telecommunication StationStation and and RoofRoof AntennasAntennas..

Different Regulations apply to:Different Regulations apply to:

Rooftop AntennasRooftop Antennas Freestanding Base AntennasFreestanding Base Antennas

The regulations The regulations distinguish between distinguish between primary and consent use.primary and consent use.

ROOFTOP BASEROOFTOP BASE

Rooftop baseRooftop base telecommunication telecommunication station may not extend more than station may not extend more than 3m in height above the part of the 3m in height above the part of the building that it is attached to. building that it is attached to.

Should it extend more than the Should it extend more than the permitted 3m, prior approval of the permitted 3m, prior approval of the City of Cape Town is required.City of Cape Town is required.

FREESTANDING BASEFREESTANDING BASE

If a freestanding base If a freestanding base telecommunication station is telecommunication station is authorized as a authorized as a primary useprimary use on a on a property, the freestanding base property, the freestanding base telecommunication station may be as telecommunication station may be as high as 25m. (City of Cape Town)high as 25m. (City of Cape Town)

Environmental affairs however kicks Environmental affairs however kicks in for antennas higher than 15m.in for antennas higher than 15m.

Definition of Definition of antennaantenna ito Zoning ito Zoning Scheme RegulationsScheme Regulations

‘‘Antenna’ Antenna’ is defined as is defined as ‘any ‘any system of wires, poles, rods, system of wires, poles, rods, reflective surfaces or similar reflective surfaces or similar devices, used to transmit or devices, used to transmit or receive electronic receive electronic communication signals or communication signals or electro – magnetic waves’.electro – magnetic waves’.

Definition of ‘Definition of ‘rooftop rooftop telecommunication stationtelecommunication station’ ito ’ ito Zoning Scheme RegulationsZoning Scheme Regulations

Rooftop telecommunication stationRooftop telecommunication station is is defined as defined as ‘ a support structure ‘ a support structure attached to the roof, side or any attached to the roof, side or any other part of a buildingother part of a building and used to and used to accommodate telecommunication accommodate telecommunication infrastructure for the transmitting or infrastructure for the transmitting or receiving of electronic communication receiving of electronic communication signalssignals’.’.

‘‘Telecommunication infrastructure’Telecommunication infrastructure’ ito ito Zoning Scheme RegulationsZoning Scheme Regulations

telecommunication infrastructure is defined as telecommunication infrastructure is defined as ‘part of the ‘part of the infrastructureinfrastructure of a of a telecommunication network for telecommunication network for radio wireless radio wireless communicationcommunication, including voice, data and video , including voice, data and video telecommunication, which may telecommunication, which may include include antennasantennas; and any ; and any support structuresupport structure, , equipment roomequipment room, , radio equipmentradio equipment or optical or optical communications equipment (laser or infra-red)communications equipment (laser or infra-red) provided by provided by cellular networkcellular network operators operators and and any other telecommunication providerany other telecommunication provider; as ; as well as ancillary structures needed for the well as ancillary structures needed for the operation of telecommunication infrastructure.’operation of telecommunication infrastructure.’

TELECOMMUNICATION TELECOMMUNICATION STATIONS - STATIONS - PRIMARY USEPRIMARY USE

ZoningZoningIn terms of the Zoning scheme In terms of the Zoning scheme Regulations , telecommunication Regulations , telecommunication stations may only be erected in certain stations may only be erected in certain zones – zones – RESIDENTIAL ZONES ARE NOT RESIDENTIAL ZONES ARE NOT LISTED UNDER THESE ZONESLISTED UNDER THESE ZONES. .

CONSENT USECONSENT USE – – ROOFTOP ROOFTOP BASEBASE

Rooftop base telecommunication stations Rooftop base telecommunication stations may only be erected as a may only be erected as a CONSENT USECONSENT USE in in the following residential zones:the following residential zones:

Single Residential: Zone 1 and Zone 2Single Residential: Zone 1 and Zone 2 General Residential: Zone 1 (Group General Residential: Zone 1 (Group

Housing)Housing) General Residential Subzones: (GR2 to General Residential Subzones: (GR2 to

GR6)GR6)

FREESTANDING BASEFREESTANDING BASE TELECOMMUNICATION STATIONTELECOMMUNICATION STATION Freestanding base Freestanding base

telecommunication station may only telecommunication station may only be erected as a primary use in be erected as a primary use in certain zones:certain zones:

RESIDENTIAL ZONESRESIDENTIAL ZONES are not listed are not listed under these zones.under these zones.

CONSENT USE – CONSENT USE – FREESTANDING BASEFREESTANDING BASE

Freestanding base Freestanding base telecommunication station may only telecommunication station may only be erected as a be erected as a CONSENTCONSENT use in use in certain zones:certain zones:

RESIDENTIAL ZONESRESIDENTIAL ZONES are also not one are also not one of these zones.of these zones.

FREESTANDING BASEFREESTANDING BASE - - restrictionsrestrictions

FREESTANDING BASEFREESTANDING BASE Telecommunication Telecommunication stations may therefore stations may therefore NOT BE ERECTEDNOT BE ERECTED in the following zones: in the following zones:

Single Residential Zone 1: Conventional Single Residential Zone 1: Conventional Housing. Housing.

Single Residential Zone 2: Incremental Single Residential Zone 2: Incremental Housing. Housing.

General Residential Subzones 1: Group General Residential Subzones 1: Group Housing. Housing.

General Residential Subzones: Gr2 to Gr6. General Residential Subzones: Gr2 to Gr6.

EFFECT ON AMATEUR RADIO EFFECT ON AMATEUR RADIO OPERATORSOPERATORS

An amateur radio operator will not be An amateur radio operator will not be able to erect a freestanding base able to erect a freestanding base telecommunication station on any telecommunication station on any property zoned for residential property zoned for residential purposes.purposes.

Unless you rezone to an appropriate Unless you rezone to an appropriate zonezone

EFFECT ON AMATEUR RADIO EFFECT ON AMATEUR RADIO OPERATORSOPERATORS

An owner of a property zoned as An owner of a property zoned as residential, will not be able to apply for a residential, will not be able to apply for a departure to erect a freestanding amateur departure to erect a freestanding amateur radio antenna, as the land use of the radio antenna, as the land use of the property does not permit such a use.property does not permit such a use.

Departures from the restriction to 3m of Departures from the restriction to 3m of the height of the rooftop base the height of the rooftop base communication station can however be communication station can however be applied for, should the land use allow the applied for, should the land use allow the erection of such a communication station.erection of such a communication station.

HERITAGE PROTECTIONHERITAGE PROTECTION

The erection of a rooftop base The erection of a rooftop base communication station and a communication station and a Freestanding Base Freestanding Base Telecommunication Station will Telecommunication Station will necessitate a permit application necessitate a permit application should the property be older than 60 should the property be older than 60 years or formally protected in terms years or formally protected in terms of section 27 of the National Heritage of section 27 of the National Heritage Resources Act.Resources Act.

JOHANNESBURG ZONING JOHANNESBURG ZONING SCHEME REGULATIONSSCHEME REGULATIONS

A Freestanding Base A Freestanding Base Telecommunication Station is Telecommunication Station is presently viewed as a ‘building’ presently viewed as a ‘building’ for the purposes of the Act.for the purposes of the Act.

JOHANNESBURG ZONING JOHANNESBURG ZONING SCHEME REGULATIONSSCHEME REGULATIONS

Plans of ‘buildings’ should be Plans of ‘buildings’ should be submitted to and approved prior to submitted to and approved prior to the erection of a ‘building’. the erection of a ‘building’.

This process includes the applicable This process includes the applicable Building Control OfficerBuilding Control Officer making making recommendation to the local recommendation to the local authority. authority.

JOHANNESBURG ZONING JOHANNESBURG ZONING SCHEME REGULATIONSSCHEME REGULATIONS

The local authority: The local authority: Must take into account: Must take into account: naturenature or or

appearance appearance Whether the area will be disfigured;Whether the area will be disfigured; Is it unsightly or objectionable;Is it unsightly or objectionable; could it derogate from the value of could it derogate from the value of

adjoining or neighboring properties;adjoining or neighboring properties;

then the local authority shall refuse then the local authority shall refuse to grant approval.to grant approval.

National Building RegulationsNational Building Regulations

allow for the exemption of ‘minor allow for the exemption of ‘minor building works’ building works’

exemption of authorisation for exemption of authorisation for erection thereof.erection thereof.

SCHEME REGULATIONSSCHEME REGULATIONS

The The building control officerbuilding control officer can exempt can exempt an owner of any building.an owner of any building.

Suggestion:Suggestion: maybe a Freestanding Base maybe a Freestanding Base Telecommunication Station could be a Telecommunication Station could be a minor building work.minor building work.

Section 18 of the National Building Section 18 of the National Building Regulations and Building Standards Act, Regulations and Building Standards Act, 1977 stipulates when a local authority 1977 stipulates when a local authority may allow may allow deviationdeviation and allow and allow exemptionexemption from national building from national building regulations.regulations.

POLICIES IN PLACEPOLICIES IN PLACE

Both the City of Cape Town and the City of Both the City of Cape Town and the City of Johannesburg have Cellular Mast Policies Johannesburg have Cellular Mast Policies in place. in place.

Cape Town in its draft dated January 2011 Cape Town in its draft dated January 2011 sets out a cumbersome process for sets out a cumbersome process for applicants to follow.applicants to follow.

The main objective being to have the The main objective being to have the cellular masts at least 50m away from any cellular masts at least 50m away from any habitable building.habitable building.

POLICIES IN PLACEPOLICIES IN PLACE Johannesburg however, sees Cellular Johannesburg however, sees Cellular

Masts as part of infrastructure and as such Masts as part of infrastructure and as such tries to be accommodating towards the tries to be accommodating towards the Cellular industry.Cellular industry.

Both policies however: does not cater Both policies however: does not cater for the amateur radio operator, and for the amateur radio operator, and is therefore not accommodating such is therefore not accommodating such operators.operators.

SUMMARYSUMMARY

A freestanding amateur radio A freestanding amateur radio antenna is considered a “antenna is considered a “buildingbuilding” ” in terms of the National Building in terms of the National Building Regulations and Building Standards Regulations and Building Standards Act, 1977.Act, 1977.

Approved building plans is therefore Approved building plans is therefore required before an amateur radio required before an amateur radio antenna may be erected.antenna may be erected.

SUMMARYSUMMARY Freestanding amateur radio antennas cannot be Freestanding amateur radio antennas cannot be

erected in any area zoned for erected in any area zoned for residentialresidential purposes. (City of Cape Town)purposes. (City of Cape Town)

No distinction between an amateur radio antenna No distinction between an amateur radio antenna and a cellular mast erected for commercial and a cellular mast erected for commercial purposes in the Zoning Scheme Regulations of purposes in the Zoning Scheme Regulations of either Cape Town or Johannesburg.either Cape Town or Johannesburg.

Both cities have ‘Cellular Mast Policies’ but Both cities have ‘Cellular Mast Policies’ but neither is applicable nor practical for the erection neither is applicable nor practical for the erection of an amateur radio antenna.of an amateur radio antenna.

SUMMARYSUMMARY If a local authority accepts that a freestanding If a local authority accepts that a freestanding

amateur radio antenna falls under the definition amateur radio antenna falls under the definition of ‘of ‘minor building worksminor building works’ as defined in the ’ as defined in the National Building Regulations, the National Building Regulations, the building building control officercontrol officer can be approached to exempt an can be approached to exempt an owner of any ‘building‘ from submitting plans.owner of any ‘building‘ from submitting plans.

Should a local authority not deem freestanding Should a local authority not deem freestanding amateur radio antennas as ‘minor building amateur radio antennas as ‘minor building works’, works’, the local authority can be the local authority can be approached to grant an exemption to the approached to grant an exemption to the building regulationsbuilding regulations. This exemption will not . This exemption will not include strength specifications or the stability of include strength specifications or the stability of the antenna structure.the antenna structure.

SUMMARYSUMMARY

We must for the time being:We must for the time being: apply for exemption to either the building apply for exemption to either the building

control officer or the local authority.control officer or the local authority.

The way forward:The way forward: The Minister can be approached to exempt The Minister can be approached to exempt

an owner (an owner (Who is also a radio amateurWho is also a radio amateur)) of land from the provisions of such of land from the provisions of such applicable national building regulations. applicable national building regulations.