The City of Cape Town is set to introduce a series of amendments and new provisions to the Municipal Planning By-law (MPBL), aiming to “streamline” development and land use within the city.

In order to accelerate the process of the relocation of illegal settlements, the City is suspending the right to public participation for those affected by temporary relocation schemes. “Temporary housing” on non-zoned land will now be allowed for up to 12 months without public participation, nominally to speed up the relocation of those affected by emergencies like fires and floods.

Some of the new provisions are low-hanging fruit, like permitting the use of email for official notifications and requiring parties to provide and update email addresses, with alternatives for those without email access.

The new amendments also aim to empowering the City to revoke or amend building plan approvals without judicial review, which will on the one hand streamline projects favoured by the Mayoral Council, but will also empower them to block developments they do not like with greater ease.

The City will also be empowered to impound movable property used in illegal construction if stop-work orders are ignored.

This follows the recent crisis with regards to illegal construction. Until recently, the process by which commercial developers got around the red tape associated with building approvals was to commence construction without permission or oversight, and take advantage of the provisions in the law which give clemency to established structures.

This applies to the Amazon office block on the Liesbeeck River, which commenced with construction with tacit approval of the City despite having not completed the necessary public participation processes.

After the recent deadly collapse of a high rise in George, and the admission by the Mayor of George that the province had no qualified building inspectors, the City made efforts to salvage the governing party’s reputation in this area by imposing fines on selected transgressors, slapping one with a R1 million fine despite the city having already approved the construction and connected the apartments’ water and electricity systems.

Most of the reforms are relatively technical, and long-term impacts are hard to gauge, such as introducing new definitions for various residential and commercial terms to clarify usage rights.

Another feature is the introduction of new primary uses in zoning categories, such as electric vehicle charging stations and small-scale energy structures, to keep pace with the party’s commitments to the UN’s global governance protocol known as “sustainable development”.

They also aim to increase the density of high-rise apartments, introducing “affordable” rental flats as additional use rights in 194 identified areas, allowing for up to 8 rental units plus a dwelling house, or 12 units if there is no dwelling house.

There are also proposed incentive overlay zones (IOZs) to grant additional development rights and tax reductions for certain economic sectors, aimed at reducing costs and simplifying development processes for favoured enterprises.

In the review of its five-year plan, the City is updating the MPBL to address evolving needs in land use and spatial planning, and to reflect policies adopted since the last comprehensive review in 2019. Public input, internal City department insights, and feedback from development professionals and other governmental spheres are being incorporated to refine and simplify the by-law, ensuring it promotes social and economic development.

Alderman Eddie Andrews, the City's Deputy Mayor and Mayoral Committee Member for Spatial Planning and Environment, highlighted that many public suggestions are included in the current draft. Officials have also scrutinized recent spatial policies, such as the Municipal Spatial Development Framework and various district frameworks, to ensure alignment with the MPBL.

Key proposed revisions include regulations for renewable energy installations, such as solar panels and wind turbines, reflecting the need for the MPBL to adapt to Cape Town's unique built environment and social landscape. Additionally, provisions to stimulate affordable rental housing development are proposed, particularly in high-demand areas like Maitland, Eerste River, Parow/Elsies River, Bellville, and Athlone.

Alderman Andrews urged all Cape Town residents, ratepayers' associations, body corporates, and developers to take this opportunity to collaborate with the City by providing feedback on the proposed changes.

The draft revised MPBL and an explanatory guide are available on the City's website at www.capetown.gov.za/haveyoursay. Comments can be submitted online or via email to lums@capetown.gov.za.

The public feedback deadline is 23 September 2024.

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