Draft Western Cape Land Use Amendment Bill, 2023

Call for comment on the Draft Western Cape Land Use Amendment Bill, 2023!

The following Provincial Notice is published for comment:

Draft Western Cape Land Use Planning Amendment

Bill, 2023

P.N. 110/2023 9 November 2023

In Brief:

To amend the Western Cape Land Use Planning Act, 2014, so as to insert and substitute certain definitions and to delete a definition;

• to effect textual improvements relating to the adoption of an amended municipal spatial development framework;
• to remove certain references to structure plans;
• to provide that a utilisation or a development of land which is not in conflict with, or which does not undermine, the relevant main goals and objectives of the applicable spatial development framework is deemed consistent with that framework;
• to provide for municipalities to impose a validity period as a condition of the approval of a rezoning, a subdivision, a consolidation or a departure;
• to make different provision regarding subdivision applications;
• to make different provision for the consideration of applications for the removal, suspension or amendment of a restrictive condition;
• to expressly provide for a municipality to include the provision of inclusionary housing as a condition of a land use approval;
• to remove the requirement that an applicant in a land use application must submit the consent of a mortgage holder if applicable;
• to make different provision for the publication and serving of notices regarding applications that a municipality is considering in terms of the Act or any other law regulating land use planning;
• to make different provision for the instances when, and by when, the Head of Department must comment on a land use application;
• to decrease the period within which an organ of state must comment on a land use application;
• to make different provision for notifying persons and the public of a decision on a land development application by the municipality;
• to make different provision for the notification process of decisions made by the Head of Department on land use applications;
• to make different provision when the Provincial Minister grants, or amends a condition relating to an emergency authorisation for an exemption from provisions of the Act;
• to provide for municipalities to exempt applications for subdivision or consolidation arising from the establishment of a development scheme from provisions otherwise applicable to applications for subdivision or consolidation;
• to make textual improvements to section 61(2)(e);
• to make different provision for integrated procedures and decisions;
• to provide for transitional provisions; and
• to provide for matters incidental thereto.

Any person or organisation wishing to comment on the Draft Western Cape Land Use Planning Amendment Bill, 2023 is invited to submit comment in writing on or before 17 January 2024—

(a) by posting it to:

The Director

Attention: Mr Theo Rebel

Directorate Development Management

Region 2

Department of Environmental Affairs and

Development Planning

Private Bag X9086

Cape Town 8000

(b) by delivering it at:

Registry

Attention: Mr Theo Rebel

Utilitas Building

1 Dorp Street

Cape Town 8001

(c) by faxing it to:

Fax no: 021 483 3633

Attention: Mr Theo Rebel; or

(d) by e-mailing it to:

theo.rebel@westerncape.gov.za.

Documents can be found here: