CoCT publishes 2024 Draft Amendment to the Municipal Planning By-Law (MPBL)

NRPA concerned about draft MPBL proposal – information for residents

CoCT published a new 2024 Draft Amendment to the Municipal Planning By-Law (MPBL) last month (links at the bottom of this article). The sweeping changes that are proposed have led to a lot of commotion across the city, and NRPA has joined 40 other ratepayer and environmental organisations – known as the Collective Ratepayers’ Association or CRA –  to protest against them. Not only do we have grievances about the proposed changes, but we are also adamant that residents should have more say in how the MPBL is applied in their area to safeguard the uniqueness of each neighbourhood. Furthermore, we believe that we should have more direct influence on future amendments. CoCT has agreed, after urgent requests from the CRA, to extend the deadline of comments to 25/10/2024.

We will keep you updated on any progress.

Residents can send in comments before 25 October via email to lums@capetown.gov.za.
There is no prescribed format for providing comments.

CoCT has also invited residents to meetings to hear more about the draft MPBL:

The concerns that NRPA currently has (these may changes as more information is collected in the coming month) are related to Residential and Rural properties mainly, since these are the predominant zones in Noordhoek:

• Each property has Primary, Additional and Consent use rights. In this draft, CoCT is proposing to expand these considerably:
  • Residential-zone properties:
    • As Primary use, Residential property owners will now be allowed:
      • To install a 70cm diameter windturbine that sticks out 1.5m above a building
      • To install a ‘small-scale energy structure’. This is essentially roof top solar, which NRPA supports. Permits would still need to be applied – this regards the planning regulations only
    • As additional use, on top of the three dwellings, Residential properties may now either:
      • Build affordable rental flats in 194 areas of Cape Town. The map showing these areas includes large parts of the Noordhoek wetlands and beach. This is obviously a mistake that must be corrected
      • Be used for filming without an owner living on the property. The concern here is that properties could be used for ongoing film productions. We all know how disruptive a filmshoot can be – imagine if this is a regular activity on a property
      • Erect a fourth dwelling for staff or family. Our worry is that CoCT’s record of enforcement is poor and this will lead to additional dwellings being rented out
      • Erect a 300cm diameter wind turbine (if property is larger than 650m2). These are known to produce considerable noise and CoCT does not provide limitations on maximum mounting height
      • Start a school with up to 34 pupils
    • As consent use, Residential properties may now additionally apply for consent to:
      • Start a small-scale animal care centre
      • Start a boarding house
      • Install a medium scale energy structure – such as a ground mounted solar panel array. This is not a problem for NRPA per se, but could become an issue if everyone does it
      • Start a commune
      • Start a clinic
      • Erect a 300cm diameter wind turbine (if property is smaller than 650m2). See comment above
    • Rural-zone properties:
      • As Primary use, Rural property owners will now be allowed:
        • To install a 70cm diameter windturbine that sticks out 1.5m above a building
        • To install a ‘small-scale energy structure’. This is essentially roof top solar, which NRPA supports. Permits would still need to be applied – this regards the planning regulations only
      • As additional use, on top of the two dwellings, Residential properties may now either:
        • Be used for filming without an owner living on the property. The concern here is that properties could be used for ongoing film productions. We all know how disruptive a filmshoot can be – imagine if this is a regular activity on a property
        • Erect a third dwelling. This will bring the Rural properties in line with Residential properties, which seems fair, but it could lead to an increase of 33% in dwellings on Rural properties, which cover 75% of our terrain
        • Erect a 300cm diameter wind turbine. These are known to produce considerable noise and CoCT does not provide limitations on maximum mounting height
        • Start a child care centre
      • As consent use, Rural properties may now additionally apply for consent to:
        • Install a medium scale energy structure – such as a ground mounted solar panel array. This is not a problem for NRPA per se, but could become an issue if everyone does it
        • Install a utility scale energy structure. NRPA has concerns that the definition of this term is too vague and must be clarified
        • Start a veterinary practice. This has NRPA support
        • Start a clinic
        • Start a place of instruction (education or sport). NRPA has concerns here that there is no limitation to the size of this use
      • CoCT is proposing to change the way that maximum building heights are defined. Instead of the existing limitations on wall plate (9m) and top of roof (11m) they want to simplify this by limiting the “top of building” to 10m. Our concern is that this will lead to “block” style buildings of 3 storeys as applicants seek to maximise their living space. NRPA considers this to be a negative effect of a change that is meant to “simplify the height calculation”. Instead, we propose that buildings could either be max 10m high in the event of a flat roof, or 11m high if the roof is pointed.
      • Residential properties:
        • Ground floor external doors and windows facing common boundaries are now allowed from 1m away from the boundary (was 1.5m)
        • Garages on the common boundary are now allowed to be 4m high instead of 3.5m
        • For land units of 650 to 1000 m2, a garage or carport is now allowed 3,5 m from the street boundary (was 5m)
        • Having a business at home is now allowed up to 75m2
        • The second and third dwelling no longer needs to be in the same style as the main dwelling, and previous height restrictions have been removed, meaning second and third dwellings can have the same height as the main dwelling
      • All properties may now:
        • Erect a child’s playhouse or similar play structure not exceeding 10 (used to be 5) m2 in area and  3 (used to be 2.5) m in height from existing ground level
        • Erect two (used to be one) storage sheds not exceeding 5 m2 in area and 2,5 m in height from existing ground level
        • Erect outdoor braai or pizza oven, provided than any chimney or flue shall not be closer than 0,5m from a boundary
        • Install air conditioner units, heat pumps or similar systems protruding not more than 500 mm from the wall of a building.
      • While additional provisions have been made to allow CoCT to seize assets of people building without approvals, NRPA is concerned that CoCT does not utilise the considerable tools it has at its disposal to penalise owners that build without going through the proper process more heavily. The current process is long and the penalties too light to be effective and NRPA urges CoCT to be considerably more harsh. They should assign more resources, since they will pay for themselves through penalties.
      • Sectional titling: NRPA rejects the notion that national sectional titling regulations are able to override municipal zoning and subdivision limitations and that residents and ratepayer associations have no say in their application?
      • NRPA supports the change that makes email the compulsory form of notice under the By-Law. CoCT will be using the database of email addresses used for rates bills and urges owners not already registered to do so
      • NRPA has many comments on the outdated LAO/12 overlay zone for Noordhoek. We will reiterate our comments to bring the overlay zone in line with the 2023 Southern District Plan, which clearly limits subdivisions within the Equestrian Area of Noordhoek. The overlay zone is currently to only mechanism to limit the application of certain provisions in the MPBL in our area and as such it must reflect residents’ wishes and it must be given more weight in decision taking processes by CoCT planners and decision takers

Please reach out to planning@nrpa.org.za if you have any questions about the MPBL or our position mention in the points above.

Link to the CoCT draft amendment MPBL and to other explanatory documents: https://www.capetown.gov.za/City-Connect/Have-your-say/Issues-open-for-public-comment/municipal-planning-amendment-by-law