CapeGuy
The City of Cape Town has extended the deadline for public comments on proposed amendments to the Municipal Planning By-law (MPBL) by an additional month, following criticism from civic groups. These groups argue that the changes prioritize the interests of developers at the expense of residents’ rights to property, health, and safety.
Originally, the City published a draft of the revised MPBL in July, offering a two-month window for public feedback. However, after facing pushback, it has extended the deadline to Friday, October 25, to allow more time for public engagement.
One of the most vocal opponents of the proposed changes is the Collective Ratepayers’ Association of the City of Cape Town (CRA), which represents 38 residents’ and ratepayers’ associations. The group has voiced its concern that the amendments serve to benefit developers, limiting the ability of residents to safeguard their neighbourhoods.
“The latest proposed amendments to the Municipal Planning By-law would appear to have been purposed to build legislative highways for developers to access unfettered opportunities that place developers’ commercial interests above those of local residents’ rights to property, health, and safety,”
the CRA stated in an open letter to Mayor Geordin Hill-Lewis.
The CRA’s letter goes on to argue that these amendments grant excessive power to both the City and developers, reducing the ability of local communities to have a say in the future development of their areas.
“These amendments allocate extraordinary power to the CoCT to permit development and similarly extraordinary power to developers, while undermining the ability of interested and affected parties to object, comment, and influence the future of their residential communities,”
the letter reads.
The CRA has called for several specific actions to address these concerns, including:
- Conducting both an environmental and socio-economic impact assessment.
- Introducing a transparent mechanism that demonstrates how public feedback has been incorporated into the final by-laws.
- Rescinding the additional rights that allow for the construction of multiple dwellings on single residential plots in unsuitable areas.
In response to these criticisms, the City of Cape Town has maintained that the public participation process complies with legal standards, as outlined in the Municipal Systems Act. A City spokesperson emphasized that public feedback is not ignored and is, in fact, an integral part of the final approval process.
“It is important to add that contrary to the CRA’s assertions, the City gives feedback on the comments received during the commenting process. The public’s comments, together with the City’s remarks to these, are included in the report that will serve before Council when we submit the revised MPBL for final approval,”
the spokesperson said.
The City also underscored the need for a balanced approach to urban development, particularly in light of Cape Town’s rapid population growth.
“Densification is a reality of our collective future, and of growing cities. The challenge is in finding the balance between protecting our natural and heritage resources, and meeting the needs of this growth in a sustainable manner that will ensure Cape Town is liveable and resilient to climate change shocks and other unforeseen challenges,”
the City added.
Recent census data has shown that Cape Town’s population is on the rise, and the City is preparing for further growth. Officials estimate that the population may soon exceed five million people, which necessitates significant updates to infrastructure and legislation.
“The City is preparing for this growth by addressing the legislative environment, among which the now revised draft Municipal Planning By-law; and through infrastructure development to meet the demands of our growing population, and to provide for the impact of densification. We will be spending R120 billion over the next 10 years in expanding infrastructure to secure potable water provision; dealing with waste water treatment; and so forth,”
said the City’s spokesperson.
While the CRA acknowledges the challenges that come with Cape Town’s population growth, the group stresses the importance of an inclusive and transparent public participation process. According to CRA spokesperson Bridgette Lloyd, the proposed by-law amendments have far-reaching implications for all residents.
“The by-law amendments will impact every resident directly. They will allow for four dwellings on any erf or 12 apartments on erven in a large group of pilot areas. Should the City continue to allow sectional title as a substitute for sub-division (ie, de-facto sub-division), with no public participation, then property owners can build, rent out, and/or sell these individual houses or flats with no public notification to or involvement from neighbours, communities, associations, or other affected persons,”
said Lloyd.
She further noted that residents have no formal avenue to voice objections unless they request a departure from the standard process.
“Unless it is necessary to request a departure, there is no public participation process available to interested and affected parties, and no appeal process available to them in the event of a disputed outcome. They are left with no option but to directly approach the courts,”
she added.
The CRA has also expressed concerns about potential constitutional violations resulting from the proposed changes to the MPBL. The group argues that the City’s current approach to public participation does not adequately consider the constitutional rights of residents.
“The City might claim that its public participation process fully complied with the statutory requirements of the Municipal Systems Act, but its approach falls short in light of the potential constitutional implications of the 2024 changes to the Municipal Planning By-law,”
said the CRA.
They further argue that the City has not provided sufficient analysis of the potential impacts of the by-law changes, despite making extensive documentation available to the public.
“The value of these summaries is questionable in helping the public to grasp the impact and implications of the proposed changes,”
the CRA added, stressing that the City has also not responded to their calls for a comprehensive impact assessment.
“When constitutional rights are potentially affected, and given the scale and nature of the impacts inherent in the proposed amendments, it is difficult to justify the City’s refusal to conduct an impact assessment or to share the results of those that have already been performed,”
the group noted.
To encourage further engagement, the City has scheduled several public meetings where residents can learn more about the proposed changes and submit their comments. These meetings will be held in both in-person and online formats:
In-person meeting: Tuesday, October 8, at 6pm, Cape Town Civic Council Chambers. Attendees must register by emailing [email protected].
Online meeting: Thursday, October 10, at 5pm. Registration can be done via email at [email protected].
Additionally, individual meetings can be arranged for representative groups by contacting the same email address.
The new deadline for submitting public comments is midnight on Friday, October 25.
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