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

Cape Town's deputy mayor, Eddie Andrews, has responded to Daily Maverick's recent exposé on the city's planning and development approval system by dismissing residents' concerns and accusing the investigative outlet of "irresponsible journalism". However, Andrews' response suggests that he and other city officials are unwilling to engage with legitimate questions raised about the city's planning system and its accountability.

Tracey Davies and Bas Zuidberg, representatives of the Cape Town Collective Ratepayers' Association, argue that many residents across the city are frustrated with the planning system, which they claim is stacked against them. They point to a series of planning by-law amendments over the past decade that have increasingly favored developers and made it nearly impossible for residents to contribute to decisions affecting their neighborhoods.

The article highlights the structural bias in Cape Town's planning system, which often overlooks policy instruments and overlay zones designed to protect the city's unique characteristics. This, according to Davies and Zuidberg, results in high-end, cookie-cutter developments that erode the distinctive attributes of the city's diverse neighborhoods, without addressing spatial inequality.

The City's reliance on the Municipal Planning Tribunal (MPT) as a last resort for review and challenge is also criticized. The article argues that this approach undermines the city's trustworthiness and adherence to the rule of law, as planning officials who assess land use applications are not lawyers and none of the MPT members are lawyers. However, the MPT is sometimes advised by a City-appointed legal adviser, which still raises concerns about the fairness of the process.

Davies and Zuidberg urge the City to reconsider its "take us to court" attitude and engage in constructive dialogue with residents to address their concerns. They also emphasize the importance of providing evidence to justify the changes to planning by-laws and interpreting national legislation, as failure to do so risks undermining the constitutional right to just administrative action.