New land-use rights in Cape Town to build affordable rental flats in identified neighbourhoods with highest demand will be effective as from 1 September, affording thousands more to make the leap from informal housing to City rental flats.
This after the revised Municipal Planning Bylaw (MPBL) was gazetted on Friday 8 August.
A number of changes to the bylaw will make it easier to build and develop in the City.
These additional land-use rights will enable micro-developers to deliver affordable housing in townships, informal and lower-income suburbs at a far faster rate.
New provisions
New provisions will see incentive overlay zonings for development focus areas in Athlone, Maitland, Parow/Elsies River, Bellville and Diep River. This zoning assign additional and enhanced development rights to properties that fall within certain areas in these overlay zonings.
Additional use rights for Residential Zoning include “affordable rental units”, supplementary dwelling units and place of instruction.
Affordable rental unit
An “affordable rental unit” is a new additional use right to enable the development of small scale affordable rental accommodation in identified areas. The number of small-scale affordable rental units on a single property may not exceed eight units plus a dwelling house, or 12 units if there is no dwelling house on the land.
New additions under Section 135 allow the City to impound moveable property that is being used for illegal building or demolition work if an order to stop work is being disobeyed. This amendment intends to address the challenge of owners and contractors continuing illegal work without tangible consequences.
Density to intensify
Single residential zoning is renamed “Residential Zoning” (R1) and provides for single-family dwelling houses and additional use rights in low- to medium-density residential neighbourhoods.
Amendments to the emergency-housing provisions, now called “temporary-disaster housing”, under Section 68 to enable the City to provide temporary housing on land that may not be zoned for such purpose for a period of 12 months without needing to undertake a public participation process beforehand if it is reasonable and justifiable, and complies with the Promotion of Administrative Justice Act. The amendment allows for those who are left homeless due to emergencies such as fires and floods to be temporarily relocated to an alternative site in a timeous manner.
Amendments under Section 111 to allow the City to use email as the method of contacting and notifying interested and affected parties; parties must provide the City with their email addresses and update these; and anyone who doesn’t have access to email may apply for notification by other means. If a resident already has their latest email address with the City, they do not have to update it again.
A new rectification
A new rectification chapter combines the existing regularisation provisions with new revocation and amendment provisions to provide an internal remedy for irregular decisions. This is a cost-effective and quicker alternative to review litigation.
Mayco member for Spatial Planning and Environment Eddie Andrews said the City followed an extensive public-participation process, including a call for input prior to the drafting of the bylaw proposals. The 90 days of public participation in 2024 included public meetings, both in-person and online, and various engagements with residents and interested stakeholders.
“The amended bylaw refines planning processes, offers greater clarity and strengthens our ability to promote social and economic development,” Andrews said. “It also gives greater effect to policies such as the Municipal Spatial Development Framework and related district and local frameworks.”
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