PLANNING AND BUILDING DEVELOPMENT
MANAGEMENT
OVERVIEW OF THE CITY OF CAPE TOWN MUNICIPAL PLANNING BY-LAW
1.
BACKGROUND
The Constitution of the Republic of South Africa, 1996 distributes functional areas relating to
planning matters across all three spheres of government. Part B of Schedule 4 of the
Constitution lists municipal planning as a local government function. Section 156(1) of the
Constitution gives municipalities the executive authority and right to administer local
government matters set out in Part B of Schedule 4 and section 156(2) permits municipalities to
make and administer by-laws in this regard. This Municipal Planning By-law (the By-law) seeks to
give effect to the municipal planning function.
Both national and provincial government have certain powers in respect of planning matters.
The national Spatial Planning and Land Use Management Act (SPLUMA) that was agreed to on
2 August 2013 and which will come into operation on a date to be promulgated, regulates the
planning framework for South Africa and sets requirements in respect of municipal planning
matters. Similarly, the Western Cape Government has approved the Land Use Planning Act
(LUPA) to regulate planning in the province and to regulate certain aspects of municipal
planning. LUPA will come into force on a date to be proclaimed. This By-law addresses
municipal planning matters and gives effect to the requirements set by the national and
provincial planning acts.
2.
PURPOSE OF THIS BY-LAW
The By-law deals with municipal planning matters such as the procedures for lodging
applications, criteria for considering applications, conditions of approval, administrative
processes after an approval has been granted, the determination, lapsing and extension of
use rights, expedited procedures for emergency and urgent housing, appeals, enforcement
and spatial planning issues. It also contains the development management scheme for the
City which is set out in one of the schedules to the By-law.
3.
BY-LAW CONTENTS
3.1
CHAPTER 1:
DEFINITIONS
Chapter 1 contains the definitions.
3.2
CHAPTER 2:
APPLICATION OF THIS BY-LAW AND CONFLICT OF LAWS
Chapter 2 defines the geographical boundaries within which the By-law applies. This chapter
determines the circumstances in which the By-law will prevail over other legislation in respect
of municipal planning matters.
CIVIC CENTRE
IZIKO LEENKONZO ZOLUNTU
BURGERSENTRUM
12 HERTZOG BOULEVARD CAPE TOWN 8001 PO BOX 298 CAPE TOWN 8000
www.capetown.gov.za
Making progress possible. Together.
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3.3
CHAPTER 3:
SPATIAL PLANNING
3.3.1
This chapter deals with three types of spatial development frameworks that apply at municipal
level, namely a municipal spatial development framework, a district spatial development
framework and a local spatial development framework. It sets out the purpose of the City’s
spatial development frameworks, and establishes supplementary processes for the adoption of
the municipal spatial development framework required as part of the Integrated Development
Plan (IDP) in terms of the Local Government: Municipal Systems Act, 2000 (Act 32 of 2000). It
furthermore sets out the content of and the processes for the adoption, amendment and
withdrawal of the district spatial development frameworks and local spatial development
frameworks.
3.3.2
This chapter explains how some of the current structure plans approved in terms of sections
4(6) and 4(10) of the Land Use Planning Ordinance, No 15 of 1985 (LUPO), will be dealt with
once LUPA and this By-law comes into force. The list of structure plans in Schedules 1 and 2 is
deemed to be either a district spatial development framework or a local spatial development
framework.
3.4
CHAPTER 4:
3.4.1
This chapter provides that all land within the geographic area of Cape Town has a zoning. The
zoning scheme comprises a development management scheme (DMS), a zoning map and a
zoning register. This chapter sets out the purposes of the DMS and the procedures for its review.
The current Cape Town Zoning Scheme regulations (approved in terms of section 9(2) of LUPO)
will become the DMS and will be included in Schedule 3 to the By-law. There are no major
content changes to Schedule 3. However, certain terminology has changed in order to make
the language in the zoning scheme regulations consistent with the language used in the Bylaw. Furthermore, references to the maps depicting the extent of the overlay zone will be
published in a separate Provincial Gazette and the maps will be available on the City’s
website, Chapter 4 also sets out the content of the zoning map and procedures for the
adoption, amendment, substitution and correction of errors in the zoning map. It also requires
certain decisions and non-conforming use rights to be recorded in the zoning register.
3.4.2
This chapter furthermore contains provisions that deal with use rights as well as the utilisation of
land in a manner which does not comply with the zoning scheme (non-conforming use).
3.5
CHAPTER 5:
DEVELOPMENT MANAGEMENT
GENERAL REQUIREMENTS FOR AN APPLICATION
This chapter contains a general prohibition on using land in contravention of the DMS. It lists
the persons who may make an application in terms of the By-law and also lists the different
types of applications that may be submitted to the City in terms of the By-law.
3.6
CHAPTER 6:
SPECIAL PROVISIONS FOR CERTAIN APPLICATIONS
3.6.1
Chapter 6 contains special provisions that apply to certain applications. These provisions apply
to applications for rezoning, departures, consent use, restrictive conditions, consolidation,
subdivisions, establishment of owners’ associations, provision of engineering services,payment
of development charges, lapsing of approval,extension of validity period and exemption from
the need for approval of certain applications.
3.6.2
This chapter also contains special provisions to facilitate the provision of emergency housing
and urgent housing.
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3.7
CHAPTER 7:
GENERAL PROCEDURES FOR ALL APPLICATIONS
3.7.1
This chapter deals with the processing of applications. It includes requirements for a preconsultation prior to submitting an application in certain cases, submission requirements,
grounds for refusing to accept an application and duties of an applicant. The chapter also
deals with objections, circulation to internal departments and organs of state, referral to the
applicant and requirements for re-advertising.
3.7.2
It further provides for the different methods of giving notice of an application, the content of
notices and the serving of notices.
3.7.3
This chapter furthermore contains provisions regulating the processes and criteria for decisionmaking in respect of applications as well as the methods of notification of a decision and the
effective date of the decision. The By-law allows the City to withdraw an approval granted for
an application or to extend the validity of such an approval.
3.7.4
This chapter also sets out the right to appeal a decision taken in terms of this By-law, as well as
the procedures for lodging an appeal.
3.8
CHAPTER 8:
3.8.1
Chapter 8 sets out the decision-making structures of the City in respect of applications.
Applications will be decided by either an authorised official within the City or a Municipal
Planning Tribunal consisting of officials and external professionals.
3.8.2
A decision taken by an authorised official or a Municipal Planning Tribunal may be appealed.
All appeals will be decided by an appeal authority within the City.
3.8.3
This chapter furthermore regulates the establishment of a Municipal Planning Tribunal and the
functioning of this Tribunal.
3.9
CHAPTER 9:
3.9.1
Chapter 9 deals with the lodging of complaints, the procedure for issuing of compliance
notices and directives as well as the imposition of an administrative penalty and the submission
of applications to rectify after payment of the penalty in cases where there is unlawful
conduct.
3.9.2
The chapter sets offences and penalties and permits the imposition of tariffs and punitive rates.
The powers of entry as well as the powers and functions of the authorised officials are set out.
3.9.3
It sets out the right to embark on enforcement litigation if necessary.
3.10
CHAPTER 10:
DECISION-MAKERS
ENFORCEMENT
NAMING AND NUMBERING OF STREETS
This chapter contains provisions that regulate the naming and numbering of streets.
3.11
CHAPTER 11:
TRANSFER CERTIFICATE
Chapter 11 contains minimum requirements that must be met by any person who intends to obtain
the registration of transfer of any land within the geographic area of Cape Town. This chapter requires
a person intending to transfer property to obtain a certificate from the City Manager verifying that the
land use and buildings comply with the By-Law and any conditions of approval.
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3.12
CHAPTER 12:
GENERAL ADMINISTRATIVE PROVISIONS
3.12.1 This chapter makes provision for the City Manager to delegate or subdelegate any function,
power or duty.
3.12.2 The limitation of liability of the City in respect of the performance of any duty under this By-law
is contained in this chapter and provision is made for exempting a person from a provision in
the By-law. The chapter also deals with approvals granted under certain previous laws and
transitional arrangements.
SCHEDULE 1: STRUCTURE PLANS DEEMED TO BE A DISTRICT SPATIAL DEVELOPMENT FRAMEWORK
Schedule 1 of the By-law lists the City’s structure plans approved in terms of sections 4(6) and 4(10) of
the Land Use Planning Ordinance, No 15 of 1985 (LUPO), which are deemed to be district spatial
development frameworks.
SCHEDULE 2: STRUCTURE PLANS DEEMED TO BE LOCAL SPATIAL DEVELOPMENT FRAMEWORKS
Schedule 2 of the By-law lists the City’s structure plans approved in terms of sections 4(6) and section
4(10) of the Land Use Planning Ordinance, No 15 of 1985 (LUPO), that are deemed to be local spatial
development frameworks.
SCHEDULE 3:
CITY OF CAPE TOWN DEVELOPMENT MANAGEMENT SCHEME
Schedule 3 of the By-law contains the DMS which is a component of the Zoning Scheme. The DMS is
currently known as the City of Cape Town Zoning Scheme which was adopted by the City and came
into force on 1 March 2013.
If there are any queries please email lums@capetown.gov.za