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Thursday 24 October 2024

Comments to the MPBL 2024

Read the CBCRA’s full comment on the proposed amendments to the MPBL so that you may better understand our deep concerns regarding these draconian steps by the City to prejudice your property rights.

** Find easy print and submit document links and the petition at the end of this page:

CONCERNS

The total removal of 3rd-party objections to new developments

Additional restrictions on specific areas

Reduced public participation without public consultation

Temporary land use deviations, such as converting residential 

properties into commercial spaces

Increase to allowable building heights

No public notice for small-scale developments

Removal of 10m height restriction for Camps Bay & Bakoven 



COMMENTS TO THE AMENDMENTS TO THE MUNICIPAL PLANNING BYLAW (MPBL) 2024

The City administration has, for more than 2 decades now, attempted to minimise public participation and impose its own version of planning law on the property-owners of Cape Town.
This despite the ongoing efforts of, amongst others, the Camps Bay & Clifton Ratepayers Association (CBCRA), other civic and ratepayer groupings and many individuals, to engage positively with both the planning officials and the politicians of the City.

The CBCRA, in particular, has responded to hundreds of applications over the years and dutifully conformed with all the requirements of an interested and affected party - and a good citizen.
This has been almost to no avail, as the planners and Municipal Planning Tribunal (MPT) generally ignore all of its representations, with almost standard dismissal arguments incorporated into planning reports, which the MPT simply approve.
Even well-motivated and sound legal opinion is brushed off, often by professional planners, who should know better than to give legal advice to City processes.

In one notable case, the CBCRA presented a detailed traffic assessment, by a respected professional engineer, to refute many claims made by an applicant. This comprehensive report was accepted onto the agenda by the MPT at the appointed meeting but not a single member of the Tribunal bothered to read it, or refer to it. Needless to say - and within 30 minutes of deliberation - the application was approved and tens of thousands of rands worth of detailed, well-reasoned investigation consigned, unread, to the waste bin!

In the current attempt to amend the MPBL, the City has clearly indicated that public participation needs to be curtailed to the absolute minimum possible.
An issue that has irked both planners and politicians over the years, restrictive title deed conditions (viewed by all SA courts, including the Concourt, as praedial servitutal rights in property), are also to be dealt with dismissively. So much for the Constitution!

South Africa is a constitutional democracy and its citizenry should be encouraged to actively participate in matters that affect them. The proposed amendments are designed to discourage – even prevent – public participation for the purposes of allowing a bureaucracy the unfettered opportunity to engage in its own, often self-serving, actions and policies. 

With the proposed amendments, the City is attempting to use a bylaw to circumvent statutes contained in national legislation (of the National Building Act and the Spatial Planning & Land Use management Act). National legislation obviously stands before local bylaws.

In essence, a City planner will now decide whether an application materially affects a property owner and whether it is deemed necessary to inform that owner of a pending application in the first instance. So much for property rights and public participation!

It is very important to contextualise the planning process: A Zoning scheme for an area exists for those who live and own property there. It is not a plaything for officials and politicians to manipulate for their benefit. The City’s function is to manage the area for the owners and residents, not special interest- or lobby groups, which mostly have a profit motive. The City is actually the manager, not the owner, of the city and is meant to act for the benefit of the residents and owners of property, who are, in a sense, the City’s clients.

Clearly, the proposed amendments to the MPBL do not benefit ratepayers and property owners.

Further, it is proposed that certain sections are back-dated. This can only mean that the City wishes to “assist” a developer(s) with a troublesome application!

Another problematic proposal is for an official to decide whether an amended application needs to be re-advertised. The CBCRA has seen too many acts of deceit over the years to ever believe that this could be a good idea.

In conclusion, the current proposed amendments should be scrapped and, if necessary, be reworked by delegates who are representative of all role-players in the city. 
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From the Friends of Constantia Valley Greenbelts Facebook, which we support:

The proposed Municipal Planning By-Law amendments by CoCT will remove environmental protections for greenbelts & open spaces & vastly alter residential rights!
The deadline for submitting comments is  FRIDAY 25th OCTOBER.
Please see below for more information and instructions on now to object:
🚨 *Three urgent & critical steps to preserve environmental protections & residential rights across Cape Town* ðŸš¨
1️⃣ Sign & submit the *Environmental Objection*: https://bit.ly/EnviroObjection
2️⃣ Sign & submit the *Residential Objection*: https://bit.ly/ResidentialObjection
3️⃣ Complete the *CRRA petition*: https://bit.ly/CRRAsurvey to add your voice to theirs
📧 Email objections by *THIS FRIDAY 25th OCT* to: lums@capetown.gov.za

📢 *Please share far and wide.*
If you are unclear on the issues and threats to our greenbelts, public open spaces & suburbs, please read the executive summary here: https://bit.ly/FoCVGBSummary
💥JOIN the *Constantia Matters* WhatsApp Community (Broadcast Only) to be informed in future: https://bit.ly/40g69On
Be proactive, Be an involved citizen - *Not objecting means these amendments WILL BECOME LAW!*

Tuesday 8 October 2024

Proposed Amendments to the Municipal Planning By-Law (MPBL)




Summary of Proposed Amendments to the Municipal Planning By-Law (MPBL):


1. Removal of Third-Party Objections

2. Introduction of Overlay Zones
3. Reduced Public Participation Periods
4. Temporary Land Use Deviations
5. Increased Building Heights
6. No Public Notice for Small-Scale Developments
7. Removal of 10m Height Restriction for Camps Bay

The City of Cape Town is proposing a number of significant amendments to the Municipal Planning By-Law (MPBL) that could impact property rights, building regulations, and public participation in the development process. These proposed changes could directly affect how developments are managed, particularly in areas like Camps Bay and Bakoven. Below is a breakdown of the most important amendments and their potential impact on our community.

1. Removal of Third-Party Objections

One of the most contentious proposed amendments is the removal of third-party objections. Currently, residents who are not directly affected by a development, but who live nearby or are part of the wider community, can lodge objections to developments they believe could negatively impact the area. Under the new amendment, only those who are directly affected (for example, immediate neighbors) will have the right to object to development proposals.

This change could limit the broader community’s ability to protect the character of the neighborhood and ensure developments align with the area’s needs. It is crucial for residents to voice their concerns about losing this important mechanism for public input.

2. Introduction of Overlay Zones

The proposed amendments also include the introduction of overlay zones, which would give the City the ability to impose additional regulations on specific areas without requiring further public consultation. In areas like Camps Bay and Bakoven, the current local area overlay (Item 190 of the Development Management Scheme, DMS) limits buildings to three storeys and caps the height of facades to 10 meters above the ground level.

These restrictions help to preserve the scenic views and character of the area. However, the new overlay zones could allow for even stricter or more lenient regulations, depending on the City’s discretion, without any opportunity for residents to be consulted. This means that changes could be made that affect property rights, building heights, and land use without input from the community.

3. Reduced Public Participation Periods

Another significant change is the proposal to reduce the time allowed for public participation during the planning application process. The current process allows for a certain period where residents can review development proposals and submit their objections or comments. The new amendments would shorten this period, giving residents less time to respond to proposed developments that could impact their neighborhood.

This reduction could make it more difficult for communities to organize and make informed submissions, potentially allowing developments to proceed without adequate scrutiny. It’s important for residents to stay informed and be prepared to act quickly should this amendment be approved.

4. Temporary Land Use Deviations

The proposed amendments would also make it easier to approve temporary deviations from land use regulations. For example, it could become simpler for residential properties to be temporarily converted for commercial use. While this flexibility might benefit certain short-term needs, it also has the potential to alter the character of primarily residential neighborhoods by increasing traffic, noise, and commercial activity.

For areas like Camps Bay and Bakoven, which are known for their residential atmosphere and scenic beauty, this change could lead to a more commercialized environment if not carefully monitored.

5. Increased Building Heights

A crucial change that could impact our area is the proposal to increase the allowable building heights in certain zones. This could result in taller buildings that might block views, reduce privacy, and alter the overall aesthetic of the neighborhood.

Currently, areas like Camps Bay benefit from strict height limitations that preserve views of the ocean and mountains, which are part of what makes the area so desirable. An increase in building height restrictions could negatively affect property values and the character of the neighborhood.

6. No Public Notice for Small-Scale Developments

One of the more concerning amendments is the proposal to allow small-scale developments to proceed without public notice. This means that certain developments or alterations could be approved without the requirement to notify nearby residents, leaving them unaware of changes happening in their vicinity.

In practice, this could mean small but significant alterations could take place next door or down the street, without the community being informed or having a chance to comment.

7. Removal of 10m Height Restriction for Camps Bay

In addition to the general increase in building heights, one specific amendment proposes to remove the 10-meter height restriction for buildings in Camps Bay. Currently, this restriction ensures that buildings in the area do not exceed a certain height, preserving the visual harmony and scenic views. If this restriction is removed, it could pave the way for taller structures that would disrupt the skyline and potentially diminish the appeal of the area.

The proposed amendments to the Municipal Planning By-Law represent a significant shift in how developments are managed in Cape Town. For residents of Camps BayBakoven, and other affected areas, these changes could have a lasting impact on the character and livability of our neighborhoods. It's essential that residents review these amendments and submit their comments before the 25 October 2024 deadline.

Your input can help ensure that the changes are made with the community’s best interests in mind. To review the full details of the proposed amendments and to submit your comments, visit the City of Cape Town’s official website.

Comments in respect of the proposed amendments can be submitted by:

•Website: www.capetown.gov.za/haveyoursay

•Email: lums@capetown.gov.za
Anthea.Bendie@capetown.gov.za for general public participation and disadvantaged groups
www.capetown.gov.za/haveyoursay


Disclaimer: 

This post (including attachments) is subject to the disclaimer published at: http://www.capetown.gov.za/general/email-disclaimer Please read the disclaimer before opening any attachment or taking any other action in terms of this e-mail. If you cannot access the disclaimer, kindly send an email to disclaimer@capetown.gov.za and a copy will be provided to you.


pdf icon Draft_CCT_Municipal_Planning_Amendment_By-law_2024.pdf

pdf icon Full-memorandum-003.pdf
pdf icon SSRU-map-002.pdf
pdf icon CTA86-2024_HYS-MPBL-2_131mmwx200mmh_AF.pdf
pdf icon Executive-Summary.pdf
pdf icon Executive-Summary-Afr.pdf
pdf icon Executive-Summary-Xho.pdf
pdf icon CTA86-2024_HYS-MPBL-2_150mmwx190mmh_EN.pdf
pdf icon CTA86-2024_HYS-MPBL-2_131mmwx220mmh_XH.pdf


The City’s Public Participation Unit will assist people who cannot read or write, people living with disabilities and people from disadvantaged groups who are unable to submit written comments, to have their input or comments recorded and submitted to the City. 

Contact Anthea Bendie 021 400 1450.

The proposals are available for viewing on the City of Cape Town website:

Contact Schalk de Jager at schalk.dejager@capetown.gov.za for any enquiries on the proposals.



Monday 23 September 2024

Montana Rd Ravine Fire Hazard

The fire hazard in the ravine at Montana Rd will be addressed with pressure from Cllr Jowell and the CID on Parks Department.

Photo credit: Google Earth

The fire hazard in the ravine at Montana Rd will be addressed with pressure from Cllr Jowell and the CID on Parks Department. 

To SERVE the community in all civic matters, the CBCRA communicates matters of concern and interest to the community from the CoCT and other organization,  for instance: road closures, fires, hazards, stormwater damage and sewage spills. Please contact CBCRA if there are any issues you wish to raise.

#CBCRA #serveCampsBay #CampsBayCommunity #CIDCollaboration #HaveYourSay


CBCRA – The CCT threatens property values in Camps Bay

The City’s aggressive planning stance threatens property values, prioritizing developers over the suburb's residents and built environment.


The necessity for a strong, well-funded CBCRA is becoming more necessary by the day. The City’s attitude towards planning matters, which favours developers over the property owners of the suburb is becoming more aggressive and the proposed amendments to the Planning Bylaw will simply make the City judge, jury and executioner of any planning application – no matter how inappropriate and excessive.

This week the City extended the commenting period on the proposed revised Municipal Planning By-law (MPBL) by a month, to 25 October 2024. Read the amendment below:

https://www.capetown.gov.za/City-Connect/Have-your-say/Issues-open-for-public-comment/municipal-planning-amendment-by-law

#CBCRAGoals
#CBCRACommunity
#CivicEngagement
#CommunityAction
#CommunityFirst #HaveYourSay


CBCRA PRESERVES the built environment in Camps Bay

The CBCRA’s efforts over the past decades have preserved the built environment, making Camps Bay one of the finest areas to live in throughout Cape Town. 


The value of your property is at stake: The CBCRA’s efforts over the past 3 decades, which have largely stopped a lot of developers from destroying our suburb, have resulted in a built environment which is one of the finest along the Atlantic seaboard – and one of the most expensive.

The City now wants to extract that value for its friends in the development industry. Neither of those parties are in any way interested in the built environment or the value of your property and amenities, it is just a case of maximizing profit. The beachfront hotel is a great example of what the City and developers see for Camps Bay.

For donations to CBCRA's ongoing battles please find our details below:

PAYMENT DETAILS


Electronic Transfer:

(Please note that our banking details have changed:)

Account name: CBCRA
Bank: First National Bank
Branch code: 201809
Account number: 63066186206
Reference: Please quote Name and Surname as reference


#CBCRAGoals #CBCRACommunity #CivicEngagement #CommunityAction #CommunityFirst #HaveYourSay 


New 3-way STOP in Camps Bay

NEW 3-WAY STOP scheduled to be implemented cnr Chas Booth, Oudekraal Rd & Rontree Ave Camps Bay 


Photo credit: Google Earth


The troublesome – and dangerous – intersection at Oudekraal Rd, Chas Booth and Rontree Ave, will finally be made safer by turning it into a 3-way stop. The CBCRA has long petitioned for this and Cllr Nicola Jowell has made this case to the department on our behalf.

#CBCRAGoals
#CBCRACommunity
#CivicEngagement
#CommunityAction
#CommunityFirst
#HaveYourSay


Theresa Massaglia has resigned from the CBCRA Manco

WISHING YOU ALL THE BEST! 


Theresa Massaglia  from the Ignisive project


Theresa Massaglia has resigned from the CBCRA Manco after many years of selfless service to the community. She will be concentrating on her Ignisive project, which has been so successful in Camps Bay and surrounds.

We sincerely thank her for the professionalism and dedication she brought to the portfolio and will miss her inspirational leadership in this field.


https://ignisive.com/


#igniteresponsibly
#igniteinclusivechange
#CBCRACares
#CSiSocialUpliftment
#CampsBayCommunity
#MakingADifference