Cape Town's new by-law enhances transparency in building plan approvals

The City of Cape Town has enacted a new by-law to enhance transparency in building plan approvals, according to a report to council. The amendments require the publication of these approvals on the municipal website, improving public engagement in the planning process. The by-law mandates proper notification of decisions via the municipal website without needing to describe the content of the building plan.

It identifies the land unit, states that a building plan approval was granted, and explains how to request access to the approved plan and submit a third-party complaint. Surrounding owners can inspect the approved building plan and request electronic copies within 44 days, subject to a fee. A person receiving information must treat it as confidential for lawful use only.

The amendment process involved public participation, with 201 submissions received. Councillor Frances Lombard emphasized the overwhelming public demand for a transparent, accountable, fair, and legally sound municipal planning system. She affirmed that transparency is not a threat to good governance and noted that the amendments improve administrative fairness by creating a clearer process for addressing administrative errors and rectification requests.

Councillor Jack Miller expressed concerns about the public participation process, stating that none of the concerns raised were taken seriously. He questioned a provision that criminalizes sharing building plans under strict legal criteria. Councillor Grant Haskins supported the amendment but highlighted the need for earlier public participation in development processes, citing residents' frustration with being treated as a mere checkbox.

Mayor Eddie Andrews clarified that the public participation process was misunderstood, emphasizing that the notice informs surrounding owners of formal decisions made by the Planning Appeals Authority, not the application process.