The City of Cape Town is proposing a number of amendments and new provisions to the Municipal Planning By-law (MPBL) that regulates development and land use in the city.
These are intended to make it easier to build and develop in Cape Town, improve clarity and certainty, encourage the development of affordable rental accommodation in identified areas, accommodate advancements in the renewable energy sector, and enable the City to impound moveable property that is being used for illegal building and demolition work, among others.
Residents, and interested and affected parties are encouraged to peruse the draft revised MPBL, and to submit their comments by 23 September 2024, the City said.
"Very importantly, as the world changes around us, we also need to adapt our MPBL to address these. For example, some of the revisions regulate the installation of renewable energy structures such as solar roof panels, wind turbines, and so forth. We also need our MPBL to be responsive to Cape Town's unique built environment and social reality," said the City's deputy mayor, Eddie Andrews.
"There is a huge demand for affordable rental accommodation in Cape Town and this time around, we are proposing additions to the by-law to stimulate development in this market in areas where the need is greatest; and we are also proposing an incentive overlay zone to encourage development in five development focus areas in Maitland, Eerste River, Parow/Elsies River, Bellville, and Athlone."
The proposed revised Municipal Planning By-law and an explanatory document to guide comments are available on the City's website.
The proposed amendments and provisions are designed to streamline construction and development processes in the city. Key changes include:
Residential Zoning (R1) Redesignation:
Renaming single residential zoning to 'Residential Zoning (R1)'.
Providing for single-family dwellings and additional use rights in low- to medium-density neighbourhoods.
New Primary Uses for R1:
Allowing electric vehicle charging stations, small-scale energy infrastructure, and micro wind turbines.
Additional Use Rights for R1:
Introducing affordable rental flats, supplementary dwelling units, and places of instruction.
Affordable Rental Flats:
Proposing affordable rental flats in 194 identified areas across Cape Town.
Limiting small-scale affordable rental units on a single property to eight units plus a dwelling house, or twelve units if there is no dwelling house.
Incentive Overlay Zones (IOZs):
Introducing IOZs in Athlone, Maitland, Parow/Elsies River, Bellville, and Diep River.
Assigning additional and enhanced development rights to properties within these zones.
Enforcement Against Illegal Construction:
Adding provisions under Section 135 to allow the city to impound movable property used for illegal building or demolition if stop-work orders are ignored.
Addressing the issue of continued illegal work by property owners and contractors.
Emergency Housing Provisions:
Enabling the municipality to provide temporary housing on non-zoned land for a twelve-month period without a public participation process.
Approval and Regulation Flexibility:
Adding provisions under Section 122 to allow the city to revoke or amend building plan approvals, approve replacement buildings, and regularize contraventions without judicial review.
Revised Definitions:
Updating or adding definitions for terms such as 'boarding house,' 'guesthouse,' 'hotel,' 'affordable rental flat,' 'commune,' 'electric vehicle charging station,' 'small-scale energy structure,' 'medium-scale energy structure,' 'micro wind turbine,' and 'outdoor restaurant dining area'.
Digital Communication:
Allowing the city to use email as a communication method with the cooperation of ratepayers and the construction industry.
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