Mixed reactions to Cape Town's municipal land disposal plans

Deputy Mayor Eddie Andrews has defended a recent amendment to the City's Municipal Planning By-law in the face of criticism from developers. According to the Western Cape Property Development Forum (WCPDF), the amendment requiring notification of building plan approval decisions to the public via the municipal website could add to the complexity of an already intricate development approval process.

WCPDF chairperson Deon van Zyl stated that the amendment would not impose undue burden on the City's resources or necessitate new resources. Instead, he believed that the benefits of the amendment in terms of fair process outweigh any impact it may have on resources. The amendment, approved last Thursday, still needs to be officially implemented with an effective date by Mayor Geordin Hill-Lewis.

The new amendment outlines new notification procedures, access rights for surrounding owners and other stakeholders, privacy protections, and administrative processes for publishing building plan approvals. However, critics argue that the amendment may criminalize information sharing and burden residents with impractical website-only notifications.

Van Zyl also pointed out a fundamental distinction between land-use approvals and building-plan approvals. He emphasized that requiring an applicant to advertise an already approved building plan does not reopen the underlying land-use decision or provide objectors with another chance to reconsider development rights that have already been lawfully determined.

Van Zyl expressed concern that the amendment would create further administrative work for both the City and applicants. He urged the City to engage more with ratepayers' associations, civic organizations, and communities regarding future densification. Andrews, who also serves as the Mayoral Committee Member for Spatial Planning and Environment, responded to the criticism by stating that the public is currently not notified when the City approves a building plan.

He noted that neighbors might only learn of an approval when construction begins. Andrews emphasized that the amendment provides for improved transparency of decisions and allows surrounding owners to request copies of approved building plans during a limited period. He also clarified that the amendment does not invite public comment on approved building plans or underlying land-use rights.

Instead, it aims to provide neighbors with a reasonable opportunity to become aware of decisions and highlight any rectifiable errors, if applicable.