Executive summary
Session 1:
Decision-making informants: Are policy
guidelines becoming less important in planning decision
making? What should be its future role in decisionmaking processes?
Presenters
Councillor Gareth Bloom made the following comments:
He had recently completed the Urban Design short course with Prof Fabio Todeschini.
He appreciates the importance of taking a more integrated approach to city planning.
He stuck by the lessons of the seminal paper, "A City is Not a Tree" by Christopher Alexandra,
that made the point that good city planning should be enabling a multitude of complex layered
transactions to occur, rather than the simplistic, single-use, linear development process that
generally remained the case in South Africa.
He quoted the economist Friedrich Hayek: "What's the single most important thing to learn
from an economics course today? What I tried to leave my students with is the view that the
invisible hand is more powerful than the [un]hidden hand. Things will happen in well-organised
efforts without direction, controls, plans. That's the consensus among economists. That's the
Hayek legacy."[76]"
Densification was a key tool in promoting integrated settlements and raising thresholds so that
services like public transport are viable.
It is important to integrate the environment and economics.
Interaction with the public is also very important.
Across the City there is broad support in principle for job creation but there is also widespread
nimbyism (“not in my backyard”), particularly when proposals are located close to people who
feel very strongly about change.
The need for urgent changes has been identified but there is no consensus on the form that
these changes should take.
Councillor Christo Kannenberg gave a short presentation as follows:
He has spent many years in the planning profession and is aware that one gets more cynical as
one gets older.
Plans are policy documents that need to be properly drafted and implemented.
Cape Town must recognise that it is part of the developing world.
Theory must be adapted to circumstances.
Planners are practising professionals and not academics.
There must be flexibility with the implementation and this has been borne out in recent court
cases with regards to the environment, densification and the urban edge (note: cases not cited
but presumably reference is being made to City of Johannesburg vs Gauteng DFA Tribunal).
Policy should be informed by context and it should be remembered that:
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The City of Cape Town contributes 60% of Western Cape economy;
It has a backlog of 350 000 dwelling units;
Population is forecasted to grow from 3.6 million in 2008 to 4.2 million in 2021;
The unemployment rate at 25%; and
40% of households live below the poverty datum line.
He made a call for the "Opportunity City" in which an environment is created that will provide
opportunities, promote infrastructure-led investment, and widen access to public transport.
The environment must be protected but it must also allow for economic growth.
He suggested that informal settlements have a greater impact on the environment than formal
ones.
He maintained that the “urban edge” is a concept applied in first-world cities to prevent urban
sprawl. The “Smart City” concept is against urban sprawl but the “Dynamic City” concept is
more supportive.
He contended that Urban Edges work well in slow-growing cities but the interim urban edge
applied in the Western Cape in instances where settlements had no approved urban edges was
unfortunate in that it promoted densification but he "shuddered to think" how the 2 400
hectares required for Cape Town's housing backlog would be accommodated.
Although research done by the Council for Scientific and Industrial Research (CSIR) had upheld
the advantages of the urban edge as a policy tool it took away the ability of EA consultants,
officials and town planners to apply their minds.
Regarding densification, he suggested that it lead to higher land prices that would exclude the
majority of the population and suggested that in Curitiba (Brazil), often cited as an example of
successful densification, the poor were excluded to the urban periphery.
The power of the nimby syndrome also had to be taken into account in this regard.
In conclusion he said that planners should not be seduced by first-world concepts.
Panellists
Norah Walker
Ms Walker said that a policy driven land-use system should clearly indicate where and when
development should occur after being informed by intense public participation.
Planning originated in the middle of the last century from unregulated land uses and
development that recognised that in certain instances, particularly health and safety, there
was a need for rigid guidelines that would avoid irresponsible development. Policy should
create a framework within which the details of applications and activities can be resolved.
There is a need to protect the public good and the environment while making sure that
nimbyism does not subvert legitimate development processes.
Bertie van Zyl
Mr Van Zyl believes that current policy documents and instruments such as the urban edge
and densification have been given a role and status that is unwarranted and they are out of
date.
It should be recognised that socioeconomic information and projections are often wrong and
that new information should be continuously sought.
Planners have become nothing more than administrators of policy and there is very little left
for them to apply their minds to.
Marek Kedzieja
Mr Kedzieja was inspired by Alderman Belinda Walker's opening remarks.
He noted that the property bubble had long since burst and a more considered approach to
development that didn’t rely on continued lateral expansion of urban settlements to
accommodate either upmarket gated estates or low-income townships was required as these
two forms were financially, psychologically, infrastructural and timeously unsustainable.
He believes that the extent to which land values during the recession had not collapsed was
due to densification and urban edge policies.
Anine Trumpelman
Ms Trumpelman noted that there is a problem if good plans cannot be implemented. There
should be a focus on how to implement rather than continually revising plans while ignoring
implementation incapacity. If this is not addressed, then new plans will be equally redundant.
One of the key challenges in this regard was that in 17 years there had been very little
effective progress with land reform.
Also, over this period very few planning policies had actually been adopted.
Rian Coetzee
Mr Coetzee called for a new and simplified planning framework, referring to the new planning
framework recently adopted in the United Kingdom (UK). (Ron Clarke)
He noted that in the UK and the Netherlands national and provincial government policies had
been delegated to municipalities.
Discussion
This ranged broadly around the two poles: A need for clearer and firmer policy, versus a weak
policy environment and flexibility. Supporters of this point of view motivated for it strongly,
saying that the survival of our urban systems was at stake.
Myths such as informal settlements having some of the worst environmental impacts were also
debunked. Informal settlement residents generally have the lowest consumption of water and
energy per capita of all residents in a city. Their main environmental problems related to little
if any waste water treatment and solid waste management and subsequent pollution of water
courses. They are also more prone to hazards such as fire and flooding if located in flood
plains.
A number of speakers from the floor (notably the younger ones) called for more support in the
management of strong urban edges and promotion of densification.
Other related topics raised in the session included the need for policy and implementation
alignment between the different sectors.
Facilitator’s note
While debate in a general sense is healthy, the extreme poles of this particular topic require
resolving due to the key positions held by the various proponents in the current City of Cape
Town and Western Cape policy and implementation environment. It is very difficult for
development to proceed with a vision that is so radically polarised.
This issue should be taken up in provincial and municipal government caucuses and together
with specialist advice on the pros and cons of the different approaches, particularly bearing a
30-year horizon explicitly in mind at all times, a clear position from which it is possible to
provide clear leadership and guidance.
Simon Nicks
Executive summary
Session 2: The purpose and value of pre-application
negotiations
Gideon Brand
From a local authority perspective, the pre-application discussions form a crucial stage of an
application.
The application process and procedural requirements are set out in planning law, which is
currently under review. Procedural flaws can be challenged in a judicial or legal review, so it is
important for us to follow guidelines and understand all the requirements.
During the last financial year, the City of Cape Town received over 9 800 land-use applications.
This was about a third up on the boom of 2006/7. We need to be aware of the peaks and
troughs of economic cycles so that we have streamlined processes and efficient procedures in
place.
The simplified application process starts off with a pre-application or pre-submission
discussion. This is followed by a public participation process, a technical assessment, and a
notification and appeals process, which can be lengthy, complicated and costly.
During pre-application discussions, there is information sharing, clarification of proposals,
advice given on substantive matters, clarification of advertising requirements, confirmation of
procedural compliance and the early flagging of any technical issues. We also need to clarify
the policy environment to the applicants or proponents.
At the end of the day, it is incumbent on the applicant to make sure that they understand
these elements before they start formulating proposals and applications.
The City’s stance is that it should not accept any incomplete applications. We would rather
meet with developers beforehand to ensure that applications are as complete as possible.
The City lists the basic submission requirements on its website. In the Western Cape there is
the 14-day period after submission for the local authority to scrutinise the information. There
is also an opportunity to appeal, although we try to avoid this.
During the last financial year, about 38% of applications submitted to the City’s planning
department were incomplete, resulting in further delays. With such a high number of
applications, the City needs systems in place to minimise delays. We want to shorten
processes and make these more efficient, and allow for quicker decision-making.
We need more multi-disciplinary pre-application meetings between City officials and
developers and applicants in order to raise issues at an early stage. Applicants need to meet
basic application requirements. It is also important to record pre-application consultations so
that a development proposal can be assessed in its full context. The municipality has to
minimise incomplete submissions. Officials must be accessible, facilitative and communicative.
The City’s planning department is committed to greater efficiency, shorter processes and
continuous improvement. Planning laws are being reformed and it is incumbent on us to
address complex and problematic processes that stunt economic growth.
Chairman
Due to incomplete submissions, planners spend less quality time on appropriate development
proposals. What mechanisms can one introduce to improve this? Planners who have worked in
the United Kingdom [UK] say that more than just a motivation report has to be submitted with
the application. It is properly recorded by the authorities and wider stakeholders in the
process.
Andre Lombard
I’m personally wary of the pre-app process. This is not a witch hunt to blacklist planners who
put in shoddy applications. Let’s communicate effectively with civil society to expedite
development.
At a provincial level, we don’t have much interaction in terms of the pre-app process. The Act
has been with us for 40 years. In essence, the planning base is good. We help expedite
applications through a large bureaucracy. We need to instil a culture of learning and
capacitate. Sometimes we critique the planning product to improve the quality. In any pre-app
there must be a technical evaluation. The product promotes the application and vision of the
developer.
We operate in a regulatory environment. I’m in land-use management where the focus is on
town planning. If an application is comprehensive and sells a planning product to the
municipality, than you can proceed. In any application, about 70% to 80% of the work of the
professional planner goes into the first interaction with the authorities.
Most planning legislation is outdated and badly drafted. We try our best to work with these,
but this is superseded by case law. Most importantly, the advert needs to be altered. The
Heath high court judgement of Stellenbosch requires every erf owner in a township to be
informed of an application. There are many restrictions which are primarily servitudes.
We occasionally apply apartheid legislation such as Act 4 of 1984, which is unwieldy. LEFTI,
Act 113, technically belongs in human settlements but because of the old hands at Province,
we deal with this application. In the Western Cape it stands alone, but at national level there
were three Acts. Years ago there was a political decision not to enact all three, so we are left
with Act 113. This is aimed at expediting development, but it does the opposite.
Finally a whole mass of non-delegated re-zonings came back to Province. Sometimes we get
all the documentation from the municipality but we still have questions. Where there is very
good rapport with the municipalities and professional planners, we sort things out quite
quickly.
Municipalities are unhappy with the out-of-time appeal. LUPO is written in such a way that if
after four months there is no progress on an application, it can just come to us.
The advertising for the removal of restrictions is pedantic. An advert must accurately describe
the proposal. In many cases people try to disguise the application.
Our mandate from the Province is to promote sustainable economic development. We try our
best to assist with glitches with pre-apps or post-apps. Of the total number of applications
received this year 0,05% of applications end up going nowhere. We then send out a 30-day
letter to inform the owner and municipality to close the application.
We are busy looking at changes, such as the City’s new integrated zoning scheme. We might
have a LUPO, SPELUM and a new National Spatial Act. There will be a new appeals process.
The bottom line is to assist where possible without being nitpicking or bureaucratic.
JvdW: Proper communication is important in the pre-application phase. We also need to
create a culture of learning and professionalism. We work within a highly regulated
environment. Procedural compliance and administrative justice are important mandates.
Alwyn Laubscher
I won’t talk about textbook theory but rather my own practical experience with some of the
bigger projects where we followed the pre-application process thoroughly.
There are basically three parties, the City fathers and officials, the developers and the
professional team, and interested and affected parties. And while there are many different
opinions, we need to find common ground.
We all agree that we need a growing city, economic development, jobs and a win-win result.
What is holding us back? The easy applications have been dealt with. We are now dealing with
the complex ones and there is no set formula for these. Every application is unique.
There is a growing requirement of legislation. If it’s not case law, it is interpretation of existing
laws. Then we have consultants and officials staggering under a heavy workload.
How do we overcome this? We can start with legislation but let’s leave that to Prof Jaap de
Visser. We then have to address the uniqueness of applications, the complexity of the process,
and the burden of workloads. The answer lies in a pre-application negotiation.
The purpose of such a pre-meeting is for the City to understand the concept, because often
detail is better conveyed across a table. The developer must be made aware of the process
and pitfalls required from him and for all parties to understand time frames. Time is money.
Who should be present at such a pre-meeting? If it’s a small one, maybe only the planner. But
for bigger applications, all relevant local authorities should be present. The planner should
drive the process. They can’t leave out the transport people just because they are too busy.
On the other side, the developer and his professional team should also attend so that the
developer can experience first-hand how well his team is performing.
For the City, it’s an effective use of time. We all know the thick volumes that accompany
applications, which need to be read by every party around the table. This is an opportunity to
provide background and form the foundation for follow-up meetings to help the City
understand the developer’s plan.
The value to developer is that he has an opportunity to discuss process, issues, timelines and
pitfalls with officials. He will understand the City’s requirements for a complete application and
receive constructive input on his plans from senior experienced staff members.
Everybody understands the financial realities to make the development work. Team members
are more accountable through regular report back meetings. So we get a negotiated end
product.
Pre-meetings will enable developers to engage with authorities at an early stage. Therefore it
will add value to consider it as part of legislative reform.
Mariana Volschenk
Everybody tries to be compliant with the appeals and advertising processes. No-one tries to
delay an application. It is the City officials’ responsibility to allow all interested and affected
parties the opportunity to comment. This is planning from the bottom up.
We request the City to look at objections being well motivated and in context. Many objections
are irrelevant and totally out of context to the application that is being lodged.
The double-appeals system is causing confusion and serious delays. The City must act against
abuse of the system. Certain community forums object to each and every proposal within their
broader area. Is anyone verifying whether the claims are fair and in line with legislation?These
habitual objections are costing the economy millions.
There are professional objectors who regularly object just to be bought off. These include
individuals and ratepayers organizations wanting to fund their cash streams. Surely this is
corruption of the highest order and action should be taken against this?
We have opportunistic objectors “blackmailing” the developer. Examples include an
environmental official who demands trade-offs, or a neighbor demanding unjustified
compensation. The going rate is R500 000. Developers pay because they can’t wait years for
unjustified appeals to be dealt with through the legislative process.
How can advertising be changed to be more relevant? Newspaper publication is a must, but
registered mail is sometimes never collected by township residents. In Gauteng signage must
be displayed on the property setting out the development concept. It is also nice to include
visuals or artist’s impressions of the proposed development.
We are often frustrated by the time it takes other departments to respond to town planning
due to work backlogs. Some also waste time by imposing conditions outside their mandates.
Our current frustration is that there is no time limit for a government department to come
back. Council is hesitant to process an application if they have not had feedback from an
important department that is not keeping to the timeframes.
We ask for stricter adherence to deadlines for objections. Some applications have already
proceeded to SPELUM, but people claim they have not had the opportunity to object even
though the project was widely advertised. This should not become a delaying factor.
Panelists
Louise Seaward
The pre-submissions process is not a “tick box” process. Consultants would like to see a presubmission meeting as being far more involved. The 40% of incomplete applications would
drop significantly once the reservation of work in terms of the Professional Planners Act comes
into effect. Incomplete submissions should simply not be accepted into the system.
The bigger question is about assessing planning principles at a pre-submission meeting. An
application should not be refused at the last moment stating that it does not comply with
department policy when positive feedback has been given throughout the planning process.
The current experience for professional planners in the pre-submission process has been
incredibly frustrating. Meetings are disorganised, incorrect information is given out, junior
officials take part in these meetings, and a final decision still flummoxes the planners. The presubmission process can definitely add value to the process, but meetings need to be minuted
and made available to all interested and affected parties, as well as form part of the final
recommendation. These meetings need to be with senior officials empowered to make
decisions, including the case officer who will take the whole application to the end. At the
moment this is not the case. Officials that administer these meetings should also have a full
understanding of the implementation and interpretation of that application.
Andrew Pratt
I worked for the Mayor of London’s central city planning team for seven years. The preapplication process in the UK is similar to the one in SA. Most of the work is done at preapplication stage. They take it seriously. Each pre-application gets a reference number, is
placed onto a tracker, and gets allocated a case officer. Then a meeting is set up between the
planners, Council, and the developer and his team. Council then lists all the issues that need to
be addressed. This is checked by a senior official to ensure that when the application gets
submitted most of the issues have been addressed. This prevents the situation where an
application is refused after you’ve jumped through all the hoops. Having a better preapplication system will result in applications being processed much faster. There’s just one
problem with applications which are recommended for approval by officials but refused by
councilors. This sends out the wrong message to investors. We need an appeal system which
enables you to reclaim costs for time wasted.
Liezel Kruger-Fountain
I arrived in the UK when they didn’t have a process. We need to speak a common language.
I’m currently stuck with plans with a red line boundary around it. There’s no understanding of
the design concept. Apart from the process there was a design and access statement which
was an information document that shows the vision and context. City officials don’t have the
time so you need to help us with that information. In terms of the pre-application process in
the UK, one had to pay a fee to get a dedicated team. With one application we paid £12 500
for four sessions with the council. But at least it was with the same people around the table.
We should work towards a common language between government, developer and the people
on the ground. Part of the pre-application process is to talk to locals as well. Councillors should
be involved in the public participation process.
Greg September
The current backdrop is tough economic times and the highly legislative environment in which
we operate. We want to expedite applications in order to stimulate economic development. At
the same time we need to be mindful of the administrative burden on the City. It’s not a
matter of sitting back with our arms folded but we want to focus on the relevant issues. Preconsultation meetings have value, but it’s important to target the right issues and proper
protocols. The other side of the coin is that officials should not be pedantic with their
requirements. There must be various guidelines to guide officials at different levels.
Buh-Rein and Portside are examples of fairly complex developments where officials and
developers were able to facilitate decisions within relatively quick timeframes.
In terms of the advertising and appeals process, there is the matter of legislative alignment of
issues. Unfortunately these decisions are influenced by politicians who are more concerned
about protecting their political careers.
If we have a spatial development plan that allows certain developments in an area, why still go
through a public participation process? And if there are specific urban guidelines why can’t
officials make decisions and cut out other processes? We need to define ways of balancing
individual property rights against the need to facilitate economic development responsibly.
AUDIENCE
Warren Hayman, conveyancer, Smit Tabatha Buchanan Boyes
Cape Town has an historic system with title-deed conditions hidden behind “pivots” created in
favour of Province or the City. We can save a lot of time by removing these restrictive titledeed conditions through notarial deeds if the City can help conclude those agreements.
Clement, not a planner
Public participation is important. Recently, we had 50 people attending a development that
affected 50 000 people. I’m better qualified than the average South African and I read
newspapers often, yet I still miss the ads. How will someone less educated catch onto the
process? Also, adverts are drafted in planning jargon. If there is nothing dubious about a
development, why not place a huge ad in the newspaper? Developers don’t develop for the
country, they develop for their pockets.
Executive summary
Session 3
Planning for informalities: How can planning be made more
relevant to residents living in informal areas?
Charles Rudman 4:21
Planning for informalities is a contradiction in terms. You can’t plan for informalities. Rather,
we should ask how planning policies and spatial plans can better respond to informalities. We
are totally ignored in terms of policy plans and framework planning. How can we make it
better if we don’t even feature in your plans and policies?
We have to ask ourselves: whose views, values and perceptions are we planning for? The 2%
or the 42% whose household income is below the poverty datum line? The time has also come
to stop talking about the poor and start talking with the poor. The time has come to reflect on
the knowledge, innovation and solutions from everyone.
It is widely accepted that the delivery model for housing is failing the people, not only in terms
of numbers but also in terms of quality. We talk about providing home ownership to the poor,
yet we quickly criticise them when they can’t afford home ownership.
We say we want different outcomes but we continue with previous ways, expecting different
outcomes. In South America, communities are coming up with solutions. The provincial
minister of housing’s approach of “less for more” is not reflected in any policy, structural or
legislative framework. My plea is: please stretch your mind. The poor deserve better.
Elmari Marais 04:28
The City of Cape Town has about 3.5 million people and a housing backlog of 450 000, which
is growing by 24 000 per annum. Authorities can only provide up to 10 000 per annum so we
are chasing our tail. However the most important figure is that 80% of our people earn less
than R6 400 per month. Our housing solutions do not speak to the incomes of the poor.
The Living Improvement Project is aimed at the 41 000 backyard shelters on Council-owned
land in Hanover Park. The extensions in between Council’s two- and three-storey units are
built from brick and plaster, corrugated iron and cardboard. There are huge health and fire
risks.
Another issue is “guaranteed” services. Backyarders rely on the Council tenant for access to
water and sanitation. But when that relationship turns sour, who do they turn to? We
underestimate the unconscious fear and the impact on mental health on communities.
About 50% of the shack dwellers are related to the Council tenant. The other 50% are people
looking for housing accommodation. The tenant derives income from the people in the shack.
What happens if you take away that person’s sole income, whether it is legal or illegal?
The three main risk factors – health, fire and flood risk, and density – have an impact on the
community’s mental, physical and economic well-being. But we need to be mindful of the
positive and negative spinoffs of each solution.
Planners are facilitators. We are the first point of contact when there are problems. Sometimes
we are seen as the untouchables. When Council has made a decision there is no way that a
community can change that direction. People can’t understand why we do participation
because it doesn’t help them in any case. I respect the fact that we have limited timeframes
but we must guard against participation just becoming a process to satisfy law.
Facilitation also ties in with fostering responsibility. We often talk of our city but as soon as
there is a problem, it becomes the municipality’s problem. We need to change that mindset of
dependency and establish trust with communities. It often boils down to something simple like
returning a phone call or keeping your promises to the community.
I once had to write a brochure for Fisantekraal, Bloekombos and Wallacedene to explain the
process to apply for a temporary land-use departure. The translator took me to task for my
technical jargon. I’m not saying the community is dumb, but as technical experts we need to
make sure that everyone understands our messages.
Professionals need to tap into communities and their resources and creativity, but sometimes
our egos get in the way. Steven Covey says synergy is that point when you bring your idea, I
bring my idea, and we come up with a new solution. That’s when one plus one equals two,
three, four, five, six and seven.
Planning is about connecting the dots and looking holistically at the full picture. We need to
know a bit about engineering, environmentalism, tradition, culture, health, etc. The planning
profession is at the forefront of new thinking. Everything in the world is related to planning.
Humanity is the only species that has to plan to minimise its own impact on itself.
Thomas Edison said: “There ain’t rules around here. We’re trying to get something
accomplished.” There is a place for processes and systems but if these hinder communities,
they need to be interrogated. When we don’t have something in black and white, we get
fearful. Regulations are a safety net but they don’t stretch our imagination.
The approach in Hanover Park is to build on solutions that already exist. We need to
acknowledge community creativity and knowledge. As planners we need to be willing to
crouch, touch, pause and engage with our communities.
Melanie Manuel 04:48
I represent the Western Cape Backyarders Network and the Informal Settlement Network.
Communities might be poor, they are not helpless. They can do it for themselves. All they ask
is to for people to listen to them.
This community was evicted from a farm. They occupied land and built their own shacks, but
faced floods, evictions and fires. Even though the condition of the shacks was bad, they found
a way to recycle water. Backyarders are being exploited, paying up to R900 per month. They
don’t enjoy basic services and get evicted when the tenant is drunk.
The Western Cape has the highest rate of TB, HIV/Aids. In Manenberg, shack dwellers are
being evicted. Where do they go? The policy prevents them from erecting another shelter in
somebody’s backyard. If not in my backyard, then where?
We mobolise communities to speak about their needs. The City might find 200 shacks in an
informal settlement but after enumeration find there are thousands. So the community does
its own analysis, enumerations, mapping and profiling.
We also realise the value of savings. If you save a rand a day you can end up with a decent
shack. We’re not waiting on government for a house. But the housing criteria state that if you
earn a cent over R3 500, you don’t qualify. The criteria have not changed to accommodate
those who have been waiting for 30 years.
Sheffield Road is an informal settlement in a road reserve in Philippi. In the past 17 years,
they have faced 26 fires and hundreds of floods. The community then organised themselves
and “blocked out” the fires, floods and the crime. Children used to run into the road and get hit
by cars. So the community created a corridor where they could play. They also demolished the
old shacks and installed new ones. But it was a process to get permission.
Stellenbosch Municipality was served with a court order because waste was overflowing onto
the Ruperts’ land in Franschhoek. The municipality had to put in a road, but the informal
settlement was in the way. So a relocation was done with the municipality and the community
rebuilt their own shacks. These look much better than the original shacks.
Masilungi is an informal settlement in Gugulethu. It is situated on a slope and faces a lot of
floods. Many residents have died as a result of poor hygiene. So the community installed seven
manholes and drainage themselves.
How converted are planners and policy makers? Even if policies are in place, you still have
poor planning. Look at the toilets situated on the outskirts at Joe Slovo, which did not benefit
the community. In Manenberg we are trying to do a shack upgrade but struggle to get
permission. People are trying to help themselves but the processes are not working for them.
When policies are drawn up, we don’t understand what is on paper. And even if we want to
participate we always get excluded. Even as part of a steering committee for a new housing
development, plans have already been drawn and the community can’t change anything. Our
plea is for planners and professionals to plan with the community. Only than can we eradicate
informal settlements and backyarders.
Aditya Kumar 05:01
When Shackdwellers International started in India, the president mobilised communities to go
and relieve themselves in front of the municipality, because they didn’t have toilets. But after
20 years, all he built was a good leader of himself but he could not change the lives of the
people. Thus partnerships are vital because that’s when they were able to build toilets and
change the social economic status of the people.
Poverty is in our face but there is a lot of initiative and inventiveness in communities on the
ground. There is also a lot of corroboration between the cities, municipalities and communities.
The Langrug settlement near Franschhoek was disorganised and had constant battles with the
municipality. In April we started an enumeration process with the community. Volunteers went
door to door for three months, collecting socioeconomic demographic data. This included a
revolutionary mapping process by two 18-year-old girls with no training. When they presented
to the mayoral committee they got a standing ovation. Authorities were shocked that the
community was able to produce such intricate knowledge about their own settlement, and how
they were able to draw the City into a partnership to improve their conditions.
Kenyan delegates were surprised to hear that residents call the council every time a tap or
toilet breaks. It is unheard of in the rest of Africa for a city to provide such a degree of service.
Langrug residents used this opportunity to fix the toilets and taps themselves. In so doing they
also interrogated the policy framework and national standards. How do you set up systems
that cause communities to fight over limited resources? The toilets used to overflow. Today,
they are immaculately maintained. The municipality is employing communities instead of large
contractors to do the repairs. This circulates wealth back into the community.
We also work with University of Cape Town (UCT) students on Barcelona and Europe, two
informal settlements of about2 000 families each, located on a landfill site. We had been
struggling for the last year and a half to rehabilitate the site so we formed a partnership with
the communities to seek a solution together. It was important to change the mindsets of the
communities who kept feeling sorry for themselves. When the students compared the level of
service in Barcelona to Rondebosch they found the same number of crèches, health centres
and schools. It was just a lack of basic services that was impacting the community and the
health risks of living on a landfill site. Over six weeks the students hung out with residents
and got to understand an informal settlement and its urban nature. Barcelona and Europe
pump about R40 million a year into the economy of Gugulethu. Even though it does not
comply with land-use regulations it still is a valid economic source.
Communities must hold each other accountable. When they meet with the City, it’s not about
holding hands and saying everyone is doing a great job. It’s about pointing out issues that
impact on them. How do we work together to find lasting solutions? World class cities are built
with equity and the resources of people working together towards a better environment.
Alistair Graham 05:13
Negotiated solutions are all about planners, government and other professionals shifting their
approach to work with communities and negotiate solutions as opposed to thinking we’re going
to empower communities. Within the Violence Prevention Urban Upgrade (VPUU) programme
we build partnerships with the community leadership. Through a process of community-based
analysis, we collect information to develop a community action plan, dealing with health,
safety, environmental, social, cultural and economic issues. At the centre might be a spatial
reconfiguration plan or an informal settlement in situ upgrading plan or framework for a more
formalsed area.
The community must have control over the knowledge and the information. Government tends
to hold back information and come with preconceived plans. It’s easy to hide behind red tape.
Should planners drive investment into the public environment or into the strengthening of the
community rather than top structures? How do we abandon the silo approach and create an
integrated outcome? Perhaps the only way is to have lasting partnerships with communities.
The ad hoc approach with respect to one or two investments from particular line departments
creates confusion within the community, because there is a lot of different consultations
happening at different times. So where’s that core partnership?
The VPUU programme has large budgets and a lot of freedom in terms of how we invest our
money. Is government appropriately structured to serve communities? Is it about imposing
regulations or allowing a process of incremental upgrading? How do we create a joint product
to leverage investment into the community? Relocation should be a last resort. Our current
system is pretty inflexible if we stick to the rules 100%. We need to take risks.
Dr Tanja Winkler 05:20
An issue that’s vexed me forever is we have fantastic legislation, great planners, fantastic
municipal officials and yet we still struggle with the notion of participation, and how to make
planning more responsive to communities. What’s wrong? Are we not implementing our
policies? I think some of the reasons lie with the fact that we have five-year political cycles,
that we have to subscribe to key performance indicators and management systems that
necessitate us to behave in ways that don’t allow for enduring partnerships with communities.
Jens Kuhn 05:23
Cape Town’s informalisation is no different from what the cities in Europe went through 150
years ago. Circumstances were different but we have to go through that transition as well.
For the last 10 years, the City has been under-delivering not because we are not performing.
Capital budgets are being spent, but the growth is quicker than the resources available.
Informalisation will soon reach a point of saturation. Land is finite. Once they’re occupied,
they’re occupied. So the process will shift towards the informalisation of our formal fabric.
Cape Town takes backyarders seriously, but we need to redefine regulations to allow for the
creation of second and third dwellings. The Integrated Zoning Scheme promotes densification.
In upgrading informal settlements, the City is examining which can be upgraded and which are
not risky to the people living there. Perhaps we need to look at the City’s infrastructure more
closely, because when the formal fabric of the City starts informalising, the loads are getting
greater. We need to find ways of detecting that.
Cape Town has a programme to improve the living conditions of backyard residents at flats
and houses owned by Council. That’s relatively easy because you are in control of the land and
public funds to build the Council’s assets. It’s not that easy in the private realm. In areas like
Bonteheuwel and Belhar, backyarders rely on permission from private homeowners to improve
their living conditions. When you go down that road, you disrupt social and economic relations.
We also need to look at cumbersome approvals for capital investments, such as providing
another tap, electricity meter and toilet.
We need large-scale serviced sites for new and existing migrants to formalise from a decent
base. The City’s backyarder programme is not a NIMBY project. It is in my and your backyard.
Chairman 5:30
It is clear that we have people with the necessary inclination and values to make a difference.
The challenge is to ensure that the good ideas are carried through. How will you make it easier
in terms of law reform and the establishment of new regulations to achieve our goals?
AUDIENCE 5:32
Nthato Gobodo, vice president of the South African Planning Institute
Informality cannot be planned for, but it can be planned with. Informality is not rocket science.
Europe and the United States have gone through informality. It is part and parcel of
industrialisation, urbanisation and modernisation. It’s not a pathology. In terms of chaos
theory, it is not random, nor disordered.
I like the idea that universities are going into these informal areas. When I was at UCT, we
used to work from aerial photographs because students were too afraid to go into these areas.
Informality is also about inequitable land systems, issues of tenure, basic service provision. We
need a creative approach to understand the economic potential of people who are otherwise
excluded from our society and economy.
The councillor said Cape Town is surrounded by several hundred informal settlements. Well
you can flip that script and say Cape Town is an informal settlement with a CBD in the centre.
In South Africa (SA) we have multiple legal government systems or legal pluralism. The
Western Cape only has the formal and the informal systems. Other provinces have to deal with
the formal, informal and communal law customary systems.
One of the mechanisms being used to address informality is that of street addressing. This is
used in Burkina Faso to gather local taxes, in Senegal for mail delivery and in Mozambique to
distribute water concessions. Street addressing can be an alternative to the cadastral system
which has limitations and can only capture about 10% of an urban population. And while
planners can engage at a technical level, serious political decisions need to be made about the
majority of people who fall outside the formal net. It requires a political shift in mindset. SA
faces the risk of looking like Brazil with enclaves which are governed beyond the public sphere.
Mpho Sekwa 5:39
Maybe we should stop referring to what poor people do to survive as informal. Maybe that will
help us in terms of prioritising plans and budget allocations.
Charles Rudman
We continually stigmatise and discriminate against the poor. We need to start thinking
differently. Our communities deserve to be treated like any other community.
Executive summary
Session 4
Reforming the planning law: The issue of debate
Chris Rabie: 05:42
Law reform and the need for cooperation between national, provincial and local government
are being debated.
The four most important pieces of planning legislation in the Western Cape have a total
lifetime of 117 years. Therefore new planning legislation is long overdue. Since the law reform
process started, in February 2010, we have had various interactions with municipalities.
However, several issues have had an impact on the process. In June 2010, the judgment
regarding the City of Johannesburg and DFA tribunal gave the national department two years
to resolve its problems with subdivision and rezoning.
The National Spatial Planning and Land-use Management Bill (SPELUM) advertised in May 2011
turned the whole thing on its head. The City submitted an opinion from Advocate Geoff
Budlender in June 2011. Then the Lagoon Bay judgment in 2011 turned everything upside
down. We now have a new opinion from Adv Budlender in October 2011.
Jaap de Visser 05:46
My task is to give an overview of some of the key issues around the Western Cape Land-Use
Planning Act. This is a complex area of law where so many different sectors come together and
where the Constitution doesn’t make things easier. The mere fact that we do not yet have a
comprehensive national law on planning is part of this problem.
In addition, there are so many moving targets with recent judgments, and the national lawmaking process is still not complete. At the same time there are movements in various areas
of law and policy that all impact on planning. It is a complex area and one tries to at least
provide a framework setting out a vision of land-use planning for the province.
The main objective of this bill is to establish a firm link between forward planning and
development management.
Secondly, it aims to regulate municipal and provincial roles in land-use planning in one
coherent legal framework. This is complicated by the constitutional division of authority
between municipalities and provincial government.
Thirdly, it aims to facilitate asymmetry: a system that fits municipalities of varying capacities,
resources and professional expertise.
Fourthly, it aims to find a way to deal with objections from individuals against land-use
planning decisions, and disputes between levels of government. A firm principle is that the
courts will play a role as a last resort.
And lastly, in the broader context of development in South Africa, it aims to simplify legislation
and create mechanisms for a one-stop application that is made accessible for the people.
Some of the most contentious debates centre around the division of responsibilities between
municipalities and provincial government.
There are four big issues.
One is to ensure alignment between provincial and municipal forward planning. Secondly, to
establish whether provincial government should actually take decisions on specific land-use
applications, or limit its role to the adoption of plans. The third aspect deals with constitutional
rights and the powers of a municipality to make planning by-laws, and the fourth aspect
relates to the national SPELUM.
Provincial government wants to influence forward planning not just at a province-wide level
but also at the municipal level. They base this on the constitutional competencies allocated to
provincial government such as provincial planning, urban and rural development, regional
planning and development, housing, environment and agriculture.
Municipalities on the other hand argue that they want provincial government to confine itself to
a development framework that deals with high-level forward planning for the province. Part of
the argument is that the municipal spatial development framework (SDF), including its urban
edge component, is part of a municipal competency.
The bill envisages an integrated process towards one municipal SDF that combines municipal
as well as provincial influences in an integrated plan. But it also offers a way out if the
collaboration doesn’t work.
An inter-governmental steering committee made up of municipal and provincial officials would
jointly prepare one integrated SDF, which will include two maps. The one map would deal with
the issues regulated in the Municipal Systems Act; the second map would deal with provincial
planning interests.
The local council would adopt this SDF, which would be submitted to the provincial minister,
who would then certify the provincial map according to issues that affect the provincial
government. The bill limits the minister’s authority to reject or approve the SDF.
Issues of conflict would have to be submitted to an independent provincial land-use planning
board. If the municipality disagrees with the board’s recommendations, the two spheres of
government would have to part ways and each adopt their own forward plan for that area.
So the procedure compels the two spheres of government to work towards an integrated
spatial plan, but there is also a way out for the municipality.
The second debate is about the provincial role in development management. Should or can a
provincial government take individual land use planning decisions? Local government says the
DFA judgment implies that the municipality should decide on all land-use applications and that
there is no room for provincial decision making, apart from environmental issues.
Provincial government should then limit itself to a more hands-off role of regulating,
supporting and monitoring. Provincial government argues that certain applications are so big in
scale and impact they go beyond the interest of a particular municipality.
This issue came to the fore with the Lagoon Bay judgment in which a large-scale development
was adopted by the municipality, rejected by the minister and then challenged in court. The
Western Cape High Court agreed with the minister that this was a particularly large and highimpact development application, which had to be approved at a provincial level. This issue is
on appeal but as it now stands the stance seems to be that provincial government does have
the authority to decide on land-use applications.
The second argument by local government is that provincial government should stay away
from zoning schemes, as it may only regulate and monitor zoning schemes. Provincial
government on the other hand argues that they have the constitutional competency to adopt a
zoning scheme that deals with matters of provincial interest.
The bill recognises that the municipality should decide on all the applications, but in certain
instances a provincial decision would also be needed.
Again the bill recommends that provincial and municipal officials jointly prepare the zoning
scheme through an inter-governmental steering committee. The council would adopt the
zoning scheme, which then needs to be certified by the minister in terms of provincial
competencies.
Any conflict needs to be referred to the land-use planning board, which recommends a
resolution to the municipality. If the municipality rejects that resolution, the two spheres of
government have to part ways and each adopt their own zoning scheme.
In terms of land-use applications, the bill suggests that municipalities would receive, process
and decide on all applications. However, if the application affects provincial interests and
constitutional competencies, the municipality would have to refer its decision to the minister
for a provincial decision. The development then needs both approvals in order to proceed. It
does not mean that the municipality does not have the authority to decide on the application,
but an additional approval is needed from provincial government.
Thus, if a development does not fit into a certified SDF or is of such a large scale, or has such
an impact on provincial functions, then a referral to the minister for a second approval would
become necessary.
This seems like a cumbersome duplication of red tape but the rationale is firstly to respond to
the complexities imposed by the Constitution. There is very little room to manoeuvre in terms
of affording both spheres of government their constitutional authority. Secondly, it has to be
done in a way that incentivises an integrated approach to both the forward planning as well as
the zoning side by insisting on a process of joint preparation by the two spheres of
government.
There will be a lot of pressure to arrive at one instead of two plans, because if a certified SDF
allows for the development, there is no need to refer it to the minister. The expectation is that
this would be the exception and not the rule.
According to the Constitution, municipalities may adopt their own by-laws and also regulate
municipal planning. Currently planning by-laws are not common. Planning is done in terms of
the Land-use Planning Ordinance (LUPO) but this will change in the future.
The bill currently suggests that when a municipality compiles such a by-law, it must comply
with certain minimum standards dealing with public participation and the role of a registered
planner. This will help professionalise land-use planning activities in municipalities. The bill also
insists on mechanisms for one-stop applications to encourage municipalities to adopt
procedures that will integrate land-use planning mechanisms, comply with decision-making
timeframes and regularise the role of the land-use planning board.
The issue of asymmetry should be a framework that works for the well endowed municipality
as well as one that does not have the same kind of resources. The bill includes a default bylaw that applies automatically until a municipality adopts its own.
The recognition is that not all municipalities will be keen, interested or have the capacity to
immediately start adopting their own by-laws. Provincial government should then step in by
supporting municipalities with templates which are already in the bill.
The combination of the minimum standards for by-laws as well as the provision of a standard
default by-law should fill the gaps and also provide the discretion where required.
How does one deal with objections and disputes without resorting to the courts? Municipalities
argue that objectors should use the internal appeal mechanism afforded by the Systems Act
before going to court.
Province says the internal appeal mechanism is not always adequate, litigation is expensive
and an alternative remedy is needed for citizens. This is why the provincial government insists
on the appointment of the land-use planning board. Province says that the current LUPO
appeal may be unconstitutional, but a recommendation by an independent board would not be
similarly suspect.
It has been argued that inter-governmental disputes be referred to arbitration rather than to a
provincially constituted board. Province says the board will be made up of both provincial and
municipal nominees to ensure that it functions as an inter-government dispute mechanism
rather than an appeal board.
The bill would suggest that an aggrieved party may object to any decision, be it from the
municipality or from the minister. The board would make a recommendation on that objection
and refer that back to the municipality to confirm, revoke or amend its decision.
The route for the board’s final decision-making authority on that objection or appeal has been
ruled out because it would violate the municipality’s constitutional integrity. The suggestion
now is to make the board responsible for making a recommendation to the municipality.
Again this may be seen as the creation of more red tape but this is necessary to promote
transparency and responsible decision making.
National government must adopt the national SPELUM by June 2012 to address inadequacies
pointed out by the constitutional court. According to the Constitution, any national minimum
standards contained will prevail over provincial legislation. This is an important moving target.
The Constitution compels both provincial and national government to coordinate their
legislative efforts. If you compare the current provincial draft with the national draft then
discrepancies would arise because they are not always aligned.
The national bill does not provide for any provincial development management authority but it
does refer to a municipal tribunal. This would cause a lot of difficulty for local government. It
doesn’t provide for the instrument of certification as suggested in the provincial bill. It treats
appeals differently from what is suggested in the provincial bill.
The provincial government has decided not to wait for further clarity on the national bill but to
proceed with the development of the provincial bill. Then when the need arises, it will start
comparing the two bills and hopefully come to the required alignment.
Fiona Ogle 06:12
Many planning decisions that have good merit are struck down on review because
recommended procedures have not been followed.
As legal adviser to the Planning Department, I have to comment on all planning legislation
emanating from national and provincial government. I am also creating a by-law on planning
matters for our municipality.
In terms of constitutionality, it is essential that national, provincial and municipal laws work
together to avoid duplication. It is also crucial that SPELUM, LUPO and the by-law are aligned.
The municipal by-law will regulate land-use matters within municipal jurisdiction, such as
forward planning, development management, zoning schemes, application procedures,
advertising applications, decision-making processes, lapsing of use rights and enforcement.
The vexed issue of appeals will need to be addressed. We have debated about how we can cut
some of the red tape.
We would have no problem in making the pre-application procedure a mandatory requirement.
Applications that are substandard should be rejected. The number of rights to appeal should be
limited. There is only a right of appeal if the law allows it.
If an application complies with the policy framework, meets the requirement of sustainability
and has been properly participated, why should there be a right of appeal? Why should there
not be a final decision? The right of review to the High Court is still available.
The participation process should be made more flexible. Not everyone has access to e-mail.
More use could be made of on-site notices. In some areas, community meetings on a Sunday
might be more appropriate than a registered letter.
Decision-making should be more democratic and allow for different criteria for a regulation
departure or a township establishment of 1 000 erfs. Conversely, if a development is not
appropriate then it would be more difficult to obtain certain rights.
Some developers aren’t happy with the development contributions. Current LUPO criteria make
it difficult for a municipality to call for monitoring contributions towards developments. We
need to be able to impose different tariffs. National government is also considering a tax for
development contributions that will exist independently to the land-use planning criteria.
Provincial legislation deals with the lapsing of rights but municipalities need to consider the
nuts and bolts of when and how an application lapses.
Another issue is the enforcement of unlawful offences. LUPO currently provides an offence
provision, which is prosecuted through the criminal courts. One could also apply for a similar
interdict. However some magistrates don’t understand that one can still deal with an offence
while there is an application to rectify the system.
We also need to look at the type of information which is available for both developers and
objectors during the participation process.
Mike Maughan-Brown 06:22
Litigation is inevitable when dealing with land rights. We are trying to move towards a system
that will eliminate a duplication of decisions and reduce timeframes. Local government would
like to see decisions taken as closely as possible to the coalface where they are applied. There
should be a clearly set out planning connect in terms of which we operate. It is important for
the broader public, planners and other professionals to comment on the Bill.
Adv Geoff Budlender 06:29
The 1996 Constitution marked a fresh start. Most judges on the bench had never studied
constitutional law. We must persuade the courts to focus on substance and not form. By
concentrating on form we make it more difficult for local, provincial and national government
to do their jobs effectively.
PANELLISTS
Jessica Katz 06:39
I’d like to congratulate government for making this conference open to the broader public. I
propose that we also involve consulting planners and academic planning professionals.
Herman Pienaar, City of Johannesburg 06:41
Provincial legislation points to better integration between local authorities and provincial
government into a singular process. It is like taking a bad marriage and chaining two partners
together, hoping it will work out. An unintended consequence might be that the approval of
plans and policies will take longer and by the time these are approved they may be outdated.
Motlakgo Padi: 06:43
The SPELUM Bill must accommodate issues such as climate change.
Cecil Mandell 03:43
The answer is not in the Constitution. We have to ask what is good planning practice.
Commentator 06:47
You say that province and local government should work together until they don’t work
together and then go their separate ways. Does this mean that Province will keep doing what
they want and municipalities will go their separate way? Does Province have more say?
Jaap de Visser responds: 06:48
You’ve hit the nail on the head. Does one follow practice or the Constitution?
Executive summary
Session 5
Giving economics a spatial dimension
An overview of the dynamics of the property market was provided by Francois Viruly
(University of Cape Town) including the following points:
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South Africa experiences a property boom every 20 years with small booms in
between that mop spare capacity.
Urbanisation is here to stay and while it requires that approaches the planning
and delivery of housing change, it also has positive outcomes, such as its
impact on enhancing development as measured by the Human Development
Index.
At the moment, vacancy rates in South Africa are starting to rise by an average
of 8% in the metropolitan areas.
This is in part driven by the fact that building costs have decreased since 2009
and this has increased the viability of marginal products.
It also need to be recognised that small developers operate in a different
financial environment and the dynamics of the property cycle make it
particularly important for them to get their timing right with respect to booms
and busts.
Even though the South African economy is feeling the effects of the global
recession, certain areas are doing well (for example, towns in the platinum
belt).
The health of the property sector is not just based on macro-economic
variables, but is also dependent on local factors such as local government’s role
in enabling development.
Performance is also uneven within the property sector, with retail property in
metropolitan areas offering poor returns, but performing well in small towns
(linked to the increased coverage of social grants).
Pension funds have limited exposure to the residential market as they usually
only enter this market when the development exceeds R1 billion.
Despite this, the housing market will deliver to all income groups with or
without the private sector.
To cope with the demands of urbanisation, planners have to start rethinking
their approaches to structuring space. Thinking needs to shift to looking at
nodes and networks.
The development process should follow the following progression:
o Town planning
o Installation of services
o Building of structures
o Occupation
In practice, the process often unfolds the other way around as formal planning
battles to catch up with spatial dynamics.
Another trend that will be increasingly influential in the shaping of urban space
is the development of green technologies and the redevelopment of space in a
more environmentally efficient way.
Ultimately, the built environment needs to be seen as more than just an
outcome but also directed in order to play a role in promoting economic growth.
Deon van Zyl highlighted the following points in his response:
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Government tends to look at using development goals to achieve spatial goals.
In order to be more effective in this, government also needs to start looking at
development from the same risk perspective as development.
Government tends to treat greenfield and brownfield development in the same
way.
A differentiated approach to development control needs to be applied to these
types of development.
Brownfield development is higher risk and therefore developers need higher
certainty before they take on the development risks.
If planners are to be relevant, they need to understand the market and be able
to balance developmental needs with the risks and incentives of developers.
Rob McGaffin’s reply raised the following points:
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Cities are growing, but this growth is uneven and concentrated in specific
places.
The challenge is therefore to supply space at an affordable rate in a way that
also facilitates job creation.
Local economies need to be understood at a finer grain than they currently are
in order for planners to have the basic information to make strategic decisions.
Cecil Madell’s response picked up on the following:
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There is too much focus on high-value development and activities with not
enough attention being given to the potential of the informal sector.
Apartheid forced removals destroyed a diverse economic fabric in the township
areas and attempts to regenerate these areas have had limited impact.
This is largely due to an unexamined economic assumption about the nature of
township economies.
Township redevelopment has focused on large malls and high-value
development, which has had a negative impact on the small business and
marginal informal and survivalist enterprises that filled the township space
during apartheid.
The following were among the issues raised during the question and answer session:
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South Africa has a marginal role in the BRICS grouping – in order to move
beyond this, the country has to look beyond the policy frameworks it has
developed and focus on delivery. South Africa also has to free itself from the
first world and develop a “social imagination” that will enable it to respond
appropriately to its specific development challenges.
The difference between brownfield and greenfields development comes down to
change in returns arising from the pre-existence of infrastructure in the case of
brownfields development.
Raising the cost of land would enable the implementation of policies such as
densification. Currently, land in Cape Town is too cheap to make brownfields
attractive to developers.
Four key (and related) themes emerged from the keynote presentation, the responses
and the issues raised during the question and answer session:
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The economy moves in cycles and the spatial planning response needs to
understand this and respond appropriately to where the economy is currently in
this cycle and where it is moving to.
Consequently, planners need to better equip themselves to understand
economic dynamics and the links to other processes such as urbanisation that
playing themselves out in space
This understanding of the links between economic and spatial dynamics also
need to be at a fine grain in order to effectively intervene or enable at a local
level.
Finally, the built environment needs to see to be a catalyst in the promotion of
growth and not just an outcome.
Notes by Tim Hadingham
Executive summary
Session 6
Future role of the planner in the development process: What
is the status quo? Is there a need to refocus, and how?
Cheryl Walters 26:16
Future role of the planner in the development process
For too long, planners have allowed others to usurp our professional space. We remained silent
when atrocities happened in the country. This silence continued when other professions
displaced us in the planning realm. We moved into softer positions, playing activist roles in
silos, and failing to foster integration, synergy and balance. The time has now come for us to
reclaim the true role of the planner.
1. Making the profession more professional. Over the years we allowed a “watering down”
of our profession by allowing “unprofessional planners” to creep in. We need to ensure that
posts for planning professionals are clearly delineated and supported by the required skills,
qualifications and experience.
2. Registration of planners. SACPLAN’s initiative to get planners registered is embraced by
the City of Cape Town. This is crucial if we want to render a more professional service. All
planners wanting registration should be competent in the various fields of planning.
3. Partnerships with institutions of learning. The City engages with the University of Cape
Town (UCT) and the Cape Peninsula University of Technology (CPUT) on bursaries and inservice training. We need to take these partnerships to a higher level by expanding internships
and research projects. We need make planning relevant at the knowledge receptacle level so
that we train people for the real world.
4. Continuous learning. Professional planners must keep abreast of global changes and
reskill themselves. Continuous training/learning to acquire continual professional development
(CPD) points should be encouraged so that skills are constantly renewed. We support the
South African Planning Institute’s programme.
5. The planner in public and private sector. We need well rounded professionals who can
apply their minds and not act as reactive blue print planners. They should be exposed to local
solutions. The private and public sector should explore opportunities for an exchange of
planners so that each “side” is exposed and understand each other.
6. A challenge to experienced and mature professionals. Those who have retired should
consider ploughing back and assisting with mentorship programmes.
7. Taking back our space. We need to take back our space from pseudo-planners. Most of
our energy is wasted on issues raised on development applications from non-planners. We
need to support the professionalisation of planners and job reservation. Planners must stop
hiding behind policy and legislation. The time to stand up for the profession is now.
Nthato Minyuku-Gobodo 02:55 (Refer to Powerpoint Presentation)
Planning capacity in the public service
Europeans are starting to look to Africa for solutions, because Africa has weathered this crisis a
lot better than the global north.
Planners need to manage the urbanisation process, as this will continue to happen whether by
design or default. Africa’s megacities are reaching populations of over 10 million. These are
nodes of economic growth, representing high densities of skills, innovation and
industrialisation.
A key challenge will be how we manage overpopulation and the proliferation of slums in ways
that are community-driven, provide security of tenure and leverage economic growth.
The Asian tigers have understood that rapid urbanisation jumpstarts industrialisation. But
China’s stringent urban influx-control policies are probably not applicable to South Africa.
Municipalities must understand how to manage economic growth and create better business
environments, not just in terms of driving business expansion but in shifting the basic
economies of cities.
Planners also need to understand the climate change agenda and leverage the green economy
to enhance urban development in Africa.
The 2010 African Planning Conference called for a strong African voice in the global planning
agenda. There was a strong sense that planners had lost their legitimacy and integrity within
the development processes. There was a need to develop new competencies like the ability to
plan across scales and juristic boundaries. Water resource management, environmental
management and migration do not stop at municipal boundaries.
We need to understand market-driven dynamics but also address market failure. There needs
to be a closing of the delivery loop. A key component is to develop new competencies.
With 3 300 planners, South Africa has about one planner for about 12 000 people. In France,
they have 650 registered professionals with a one to 100 ratio. Ultimately it’s about the
capacity of the profession to respond to the needs of the country.
The challenges are as follows:
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Attrition: South Africa loses a lot of planners to the Commonwealth.
The professional environment is unstable due to varying salary scales, working
conditions and structures. There is a high degree of job-hopping.
Skills retention is difficult. There’s also no clear job delineation. Lawyers, engineers,
surveyors can all do planning. This has compromised the integrity of the profession.
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The planning profession does not fall together with the other built-environment
professions under the Department of Public Works. Instead it is located under the
Department of Rural and Land Reform, which can’t even begin to capture the
transversality and complexity of the profession. A basic organ like SACPLAN will not get
appropriate funding and political support.
The capacity of planning schools is also an issue. We’ve seen the decline in the rate of
student applications. Some schools have had no students in a single year. This is
because we don’t market ourselves as a profession. People don’t know what planners
do.
Younger, unskilled planners are being appointed to senior positions because there are
no appointment criteria. SACPLAN is looking at a minimum requirement of local
government planning experience of six years.
Municipalities are not the most attractive stable environments for planners – due to
poor remuneration and political interference in the processing of development
applications.
Planners have to work in a very complex and uncertain legislative environment.
Of the country’s 3 300 planners, only about 35% are registered. There is an attrition rate of
about 30% ‒ people who retire, or leave the profession or the country. In municipalities, only
13% of Integrated Development Plan (IDP) managers are planners, 31% of municipal heads
are planners, 8% of municipal heads only have matric, and 11% have no managers
whatsoever.
The levels of municipal capacity vary according to the municipalities. Metros tend to attract
more planners, but the uneven distribution of planners has a direct implication on
municipalities to respond to developmental challenges. The best graduates are in Gauteng,
KwaZulu-Natal and the Western Cape.
We are seeing a general decline in planning education and training. We are not developing
doctorates, thus we are not expanding the body of knowledge.
In 2006, an intensive study was done on the planning profession. Recommendations emerged
(out of JIPSA 2006) and SAPI and SACPLAN have recommended to the Planning Commission to
have these implemented.
SACPLAN needs to be strengthened so that they can implement and monitor the Professional
Planners Act. SACPLAN has finally procured a service provider to do the work reservation work,
the competencies and standards generation process. Planning is like an orphan in South
Africa’s institutional environment.
Planning education needs to be reviewed. Some curricula have not shifted in 30 years even
though South Africa has shifted exponentially in that time. So we’re training students with very
outdated curricula, but that is not necessarily the fault of academics.
The higher-education environment does not prioritise planning as it is not even listed on the
National Research Foundation’s list as a scarce skill. Planning schools are not getting the
funding they need to hire staff to develop curricula.
SACPLAN has made significant advances in registering planners, but there are still glitches in
the process.
A continued professional development course sits within the competence of SACPLAN but there
is no policy in this regard.
Planners need to constantly engage with new bodies of knowledge and share practice across
different provinces, across different sectors. SAPI has started provincial master classes. The
SACPLAN master class plans to move the process but we need to get to the point where CPD is
incentivised. A conference like this should give you CPD points.
Mentoring of graduates is at a crisis point. Other professions like surveyors and civil engineers
have rigorous processes to assist students from graduation to professional registration. In
South Africa, there’s no one to help new planning graduates. The way to nurture the profession
is to provide students with clear tracks of development towards professional registration the
minute they graduate. This requires public and private involvement.
Once SACPLAN finalises the standards and competency programmes, these will be legislated
and hopefully provide a legislative base for work reservation.
The Department of Human Settlements can advertise a post for a manager to be a planner but
they’re not concerned about whether they are professionally registered. The only quality
control we have is our professional registration body.
We need to professionalise ourselves by using the public sector as the major driver. This
means filling vacancies with registered planners, using registered professional service
providers, and having all land-use applications assessed by registered professional planners.
KwaZulu-Natal’s Provincial Planning Act stipulates that all development and land-use
applications have to be signed off by professional planners.
But this mechanism won’t work in a province with poor planning ratios. This could completely
stop the development process as you won’t have the capacity to sign off development and land
use management applications.
We have suggested two levels of planning competencies in the public sector to the National
Planning Commission. We propose a top level of professional facilitation earmarked for multidisciplinary teams, and a bottom level of work reservation areas for planners.
Multi-disciplinary teams are possible within the private sector but are limited in the public
sector because of the silo structure. The 2020 FIFA World Cup proved that you can have a
multi-disciplinary approach to development but it requires completely shifting the way the
public sector is organised around delivery and the way it allocates its fiscal resources. 03:19
Panellists
Nigel Tapela 03:20
In the last five to 10 years there has been a thickening of networks and a revival of planning
across the continent. Three years ago planning schools from all over Africa started the Africa
Institutional Planning Schools. Can we teach planning using contexts which are outside us, or
should we develop case studies about what’s happening in African cities? We are still teaching
budgets and theories adapted from the West. We face new forms of urbanisation. Should we
be asking the same questions around eradicating informal settlements? What aspects of the
market, scales and contexts should we be talking about?
Besides giving economics a spatial dimension, shouldn’t we give space a social and political
dimension? We can create prosperous cities and nice spaces, but what do we do for the poor?
The 11 planning schools in the country should look at complementarity instead of competition.
We should focus on programme diversity and how to synergise the whole integrated learning
path to make it relevant. How do we renew an ageing academy?
Jessica Katz 03:28
Planners must go back to basics. We have developed rules and we need to maintain them. At
the same time we need to be flexible and innovative to continue playing the game.
We need to make the connection between policies and implementation, to be honest about the
South African challenges, and to develop appropriate interventions. We can do something to
save this dying profession. We do not stand together collectively like other professions. We
should strive to connect more with academia, NGOs and government. The Mayor of Barcelona
said: “No one can survive merely by conservation if there is no new construction. The city
cannot stand, not even the old will endure. Each city must find its own formula for combining
the existing symbols with new ones. Without the latter, antiquity becomes mere repetition.”
Councillor Christo Kannenberg 03:36
The profession has become complacent. When I started working as a planner, town engineers
did all the in-house planning and land surveyors were the planning consultants. We were a
young and energetic group and met regularly. After years of hard work we eventually got a
registration council and the land surveyors took us to court because they could no longer call
themselves town planners. Now, the environmental professionals are the young energetic
group; they even claim a strategic environmental assessment as part of their core function.
Hopefully this conference will be a wake-up call for our profession. Town planners have the
skills to lead multi-disciplinary-planning teams. I’ve worked with professional project managers
who don’t have the skills to coordinate a planning process.
Audience
Mike Brown 03:39
What makes us different from the other professions? Do we actually do what we do better than
land surveyors, lawyers or environmentalists? Part of why we have struggled as a profession is
that we haven’t actually found a way of claiming the space that we operate in because we
haven’t been forceful enough. We need to be able to convince the councillors to listen to us for
the sake of better governance. We need to be able to convince the property developers that
they will be more profitable if they listen to us. Reservation of jobs is important, but we as a
profession need to convince people that there is something we can offer that no one else can.
Christo Kannenberg responds 03:43
Sometimes planners hide behind the excuse: there’s no political will. I think in many cases it is
a lack of proper motivation. Planners think 20 years ahead but politicians are concerned about
being re-elected within the next year or five. We should stop being academic and become
more practical. That will make us a lot more relevant.
Professor 03:44
Has the profession clearly expressed its values and formulated its vision for the built
environment? Environmentalists are very clear about their ideals. The challenge is to be clear
about our ideals and to bridge reality with our ideals.
Martin Hutton Squire responds 03:46
Councillor Kannenberg says we have to find the correct balance between good theory and
actually improving people’s lives on the ground, otherwise we will become irrelevant. The
problem is that planners over the past 20 years have been spending so much time doing
things by the book that we actually don’t get enough time on the ground.
Commentator 03:47
I’m absolutely passionate about the discipline and the quality work that we can do in the next
20 to 50 years. Environmentalists insist that they can do better planning work than
professional town planners. This impasse must be addressed proactively.
Commentator 03:48
Law and medicine are essential services, but is planning? What is our value proposition – to
the property market, government and the public? As long as there is a perception that this
profession is not an essential service we are going to have the same conversation every year.
How do we become an essential service to the entire population of South Africa?
Cecil Mandell 03:50
We talk about implementation but we suck when it comes to implementation. We are far more
bureaucratic than any other profession. We talk about urban renewal and CBD regeneration,
but these are US-based concepts. Most planning work flows from government and that’s where
the sticking point is. Government should define work that it is in the planning domain for us to
actually do that work. We must lobby to move our discipline to the Department of Public
Works.
Mpotse (Planner) 03:54
South Africa needs planners yet we produce so few. From personal experience, even if you
have a degree and are hungry to gain experience, there aren’t opportunities for new
graduates.
Cheryl Walters responds 03:56
It is often vacancy and financially driven. We work with students that we bursar who come
back for in-service training. There are other opportunities in other departments.
Commentator 03:46
We need to focus on the younger generation. I’ve been through three planning schools, and
nowhere do they offer specialist qualifications. CPUT could specialise in design, DUT could
specialise in land-use management, etc. I’m just a general planner.
Nigel Tapela comments 04:00
Planners need to be more pro-active, become more politically savvy, engage with government
and respond to challenges. If we don’t lobby for change we will become irrelevant.
Tanya Louis 04:02
The current debate is the same as 17 years ago. Everybody should register as professional
planners. How do young planners get registered if there isn’t a professional planner or mentor?
Millicent Jenni 04:03
How do we get planners back to where they can help to develop their own communities?
Syllabi should be more diverse. Students should engage with students from other departments
and debate issues relating to planning, to environment, engineering and management.