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 Bay, Bakoven, 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: 

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 Draft_CCT_Municipal_Planning_Amendment_By-law_2024.pdf
 Full-memorandum-003.pdf
 SSRU-map-002.pdf
 CTA86-2024_HYS-MPBL-2_131mmwx200mmh_AF.pdf
 Executive-Summary.pdf
 Executive-Summary-Afr.pdf
 Executive-Summary-Xho.pdf
 CTA86-2024_HYS-MPBL-2_150mmwx190mmh_EN.pdf
 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.