Every property within the boundaries of the City of Cape Town municipality has a specific zoning assigned to it based on the City of Cape Town's Land Use Management System and Development Management Scheme (DMS). Attached to every zoning there are specific land use and development rights.
To find out what your development rights are, follow these simple steps:
- Look on the existing zoning map (and/or database) at your local district planning office or on the City's website.
- Now that you know the zoning of your property, turn to the City's DMS. Look up your particular zoning category to see what land uses and development rules apply to your property.
- With the allowed land uses and development rules in mind, decide how your plans for the property may be accommodated on the site, and whether you will need to apply to the City for a rezoning or a departure.
To change the land uses or the development rules applicable to your property, you will need to apply to the Council's Development Management Department for planning approval.
Before you apply:
Some applications require a meeting with City officials before you submit so they can clearly explain to you the City's requirements and to agree on the content of documents to be submitted. Even where such a meeting is not required, do consider requesting it if you are uncertain of the different application types, the application process, or the submission requirements.
In addition, since some proposals involve complicated technical issues or require detailed architectural drawings, subdivision or site development plans, you may also wish to approach an architect or town planning consultant to help you prepare your application. If you appoint a consultant, you will have to give that person power of attorney (the authority to act on your behalf) to serve as your agent and submit the application for you.
Supporting documentation:
- A completed and signed application form (this is available on the City's website).
- The correct application (and possibly also advertising) fee.
- Power-of-attorney letter signed by you (if someone else will act on your behalf).
- A locality plan (or survey plan) that shows the exact size and boundaries of the property.
- A copy of the relevant title deed/deed of transfer.
- Where the title deed is perhaps unclear, a conveyancer's certificate confirming that there are no restrictive conditions prohibiting the proposed development.
- A motivation report explaining what makes the proposal desirable, as well as its likely impact on its surroundings.
- A site layout/development/sketch plan illustrating the proposed development.
- A breakdown of the typical unit types (internal layout and external face) (where applicable).
- A separate civil services report (for larger developments – not required if it's a small development).
- A copy of an environmental impact assessment/heritage impact assessment/record of decision (if required by law).
- A copy of a transport impact assessment/transport impact statement (if applicable).
- Supporting documents in respect of any other land use management application submitted at the same time.
For rezoning applications, the basic fee is determined by the size of the area to be rezoned. Should there be a need for further impact assessments during the evaluation process, or for additional public participation, an additional fee may be charged. Please note that fees are non-refundable if your application is refused.
Application Process
Step 1: Your application may require public participation, advertising and formal consultation with all interested and affected parties or surrounding property owners. In addition, the application may have to be circulated internally at the City to all relevant line departments for their comments.
Step 2: Keep in contact with your local district planning office to monitor progress with the processing of your application.
Step 3: Respond to any objections received against the application during the consultation processes and consider any amendments or revisions that the City requests, and then resubmit your revised application to the local district planning office for final assessment and decision.
Step 4: An authorised official in the Development Management Department or the municipal planning tribunal makes a final decision and notifies you (and any objectors) in writing. Anyone who wishes to appeal can do so at this stage.
Step 5: The City will issue a final approval letter if no appeals are received. Alternatively, the appeal authority – who is the Executive Mayor – will decide the appeal(s) received.
Step 6: If your application is approved, you will now need to comply with any imposed conditions of the approval before you may exercise your new right. Some conditions would be limitations on use that you will always need to comply with.
Step 7: Once new land units have been registered and you plan to carry out building work, you or your architect will prepare and submit building plans for the City's consideration and approval.
Step 8: Once the City has approved the building plans, construction of the new buildings or alterations/ additions to existing buildings may commence.
Step 9: Once all other conditions of approval have been complied with, which include the issuing of completion and occupation certificates in the case of building work, the new or additional use may start.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
