cape town zoning scheme - saasp · all municipalities in the western cape must have a zoning scheme...

Cape Town Zoning Scheme

“Filming” as a land use activity

24 June 2014

Regulating the use of property (as per current law)

The Land Use Planning Ordinance (LUPO): Zoning schemes

All municipalities in the Western Cape must have a zoning

scheme for its area to regulate the use of property;

The new single Cape Town Zoning Scheme was promulgated on

the 26 November 2012 and became effective 1 March 2013.

Section 11 of LUPO: General Purpose of zoning schemes

“…to determine use rights and to provide for control over use

rights and over the utilisation of land…”

Enforcing the use of property (as per current law)

• Section 39 (1)(b) of LUPO:

Every local authority shall comply and enforce compliance with-

…

(b) the provisions incorporated in a zoning scheme in terms of this

Ordinance

…

and shall not do anything, the effect of which is in conflict with the

intention of this subsection.

• Section 39(2)(a)(i) of LUPO:

No person shall -

(a) contravene or fail to comply with-

(i) the provisions incorporated in a zoning scheme in terms of this

ordinance, or ..

Current provision for filming in CTZS

‘Occasional uses”

3.2.6 The occasional use of a property for temporary events (including craft markets, circuses, public meetings, religious gatherings, film shoots or other events) may be permitted with Council’s approval, even though these events are not in accordance with the use rights of the property concerned, provided that:

(a) the occasional use will not have a significant negative impact on surrounding areas, or on the natural and cultural environment;

(b) the occasional use is genuinely of a temporary and short term nature, and may not occur for more than 5

days per month or more days as may be allowed by Council; and

(c) the occasional use conforms with Council’s policies.

Current provision for filming in CTZS

‘Occasional uses” (cont.)

3.2.7 (a) Approval in terms of section 3.2.6 above may be granted subject to, but not limited to, the following conditions:

(i) the amount of parking and the number of ablution facilities required;

(ii) the maximum duration or occurrence of the occasional use.

(b) Council may issue a notice calling for compliance with conditions or for the ceasing of the occasional use by a

specific date, where:

(i) conditions of approval are not met; or

(ii) where a public nuisance is caused.

Alternative application: Temporary Land Use Departure

Proposed provision for filming in CTZS / DMS

• After meeting with the Mayor it was agreed that a review of the CTZS be undertaken to first recognise “filming” as a land use activity and to make “filming” in Cape Town more

permissive.

• Challenge was to effectively deal with the potential impacts

Status of the review of the CTZS:

• Submissions were requested from the filming industry to develop a better understanding of the different types of film shoots

• These submissions have informed the drafting of the provisions to be inserted in the zoning scheme and will be dealt with in further slides

• Western Cape Government indicated that no more

amendments to LUPO zoning schemes will be considered due to planning law reform processes

Proposed provision for filming in CTZS / DMS (cont.)

What is next steps:

•Current process underway to introduce a new planning by-law for the City of Cape Town (in advertising stage – comments to close 24 June 2014).

•The current CTZS will be incorporated as is into the by-law and will be named the “Development Management Scheme” (DMS).

•Once the by-law is in implemented, processes will start to introduce amendments to provide for “filming” in the DMS (note that the amendments already drafted)

•Public participation will then happen – your opportunity to provide comments

•Occasional uses / departures / other applications may still be applied for in interim


The following amendments are proposed to cater for filming:

Defining “filming” and inclusion of this into the DMS:

‘filming’ means the recording of images, moving or still, whether on film or by video tape, electronically or by any other means, but excludes the video recording of a wedding ceremony or

other private celebration or event for the purpose of making a video recording thereof for its participants, or the recording of current affairs or news for immediate release;

(This definition is similar to the definition in the Filming By-law)


• Important drafting principle was to distinguish between “high”and “low” impact filming. Inputs from the filming industry has assisted in making this distinction

• “low” impact to be considered as the typical “still shoots”

happening within the boundaries of a property and “high”impact the typical “film shoots” that has a wider impact

Outcome:

• “Filming” to be permitted in some base zones as “Primary Use”(permitted as of right without any planning permission) or as “Additional Use Right” (permitted as of right but subject to land owner/operator complying with a set of conditions)


Inserting ‘filming’ as an ‘additional use right’ to the following zones and subzones in the DMS:

•Single Residential Zone 1: Conventional Housing (SR1)

•Single Residential Zone 2: Incremental Housing (SR2)

•General Residential Subzone 1: Group Housing (GR1)

•General Residential Subzones (GR2-GR6)

•Local Business Zone 1: Intermediate Business (LB1)

•Local Business Zone 2: Local Business (LB2)

•Utility Zone (UT)

•Transport Zone 1: Transport Use (TR1)

•Open Space Zone 3: Special Open Space (OS3)

•Agricultural Zone (AG)

•Rural Zone (RU


The following conditions shall apply where filming is an additional use right in the previous zones:

•The land owner or filming organiser shall obtain the consent of the

immediate abutting property owners before filming takes place;

•Filming and all related activities shall be contained completely within the concerned property boundaries;

•Filming is limited to weekdays from 07:00 – 20:00 and Saturdays from 08:00 – 13:00;

•No more than fifteen people shall be engaged in the filming activity;

•No generators are allowed to be used in the filming activity;

•Not more than three vehicles may be used in connection with filming and no vehicle shall exceed 3500kg gross weight;

•No load music or any form of noise amplification may be used or emanate from the filming activity.

•The property may not be used for filming for more than five calendar days per month, be it consecutive or occasional.


Inserting ‘filming’ as an ‘additional use right’ to the following zone in the DMS:

•Transport Zone 2: Public Road and Public Parking (TR2)

The following conditions shall apply in this zone:

•Filming is allowed provided that there is no objection from the City of Cape Town Transport Directorate and that there are adherence to any conditions required by this Directorate;

•Filming is allowed provided that there is no objection from the City of Cape Town Property Management Department and that there is adherence to any conditions required by this Department.


Inserting ‘filming’ as an ‘additional use right’ to the following zone in the DMS:

•Open Space Zone 2: Public Open Space (OS2)

The following conditions shall apply in this zone:

•Filming is allowed provided that there is no objection from the City of Cape Town City Parks Department and that there is adherence to any conditions required by this Department;

•Filming is allowed provided that there is no objection from the City of Cape Town Property Management Department and that there is adherence to any conditions required by this Department.

Note that:

If the owner/operator cannot comply with conditions

applicable to the “additional use right” then planning

permission will be required

(departure from the conditions)


Inserting ‘filming’ as a ‘primary use’ to the following zones and subzones in the DMS:

•General Business Subzones (GB1-GB7)

•Mixed Use Subzones (MU1-MU3)

•General Industry Subzones (GI1 & GI2)

•Risk Industry Zone (RI)

•Community Zone 1: Local (CO1)

•Community Zone 2: Regional (CO2)

When an application is still required, the following

process in followed by the Planning Department:

Refer objections to Applicant and captureinformation on Planning Module.

Application is referred to relevant political committee for decision.

YES

NO

YES YES

Planning Official evaluate the application and makes a recommendation

Final decisionis referred to applicant and systems is updated.

START

Applicant submit application to Land Use Management.

Planning Official verifies completeness of application.

NO-proceed to advertise

ADDITIONALADDITIONAL

INFO?INFO?Advertise application and capture advertising & closure date, internal circulation & closure.

Appeals Committee / City Manager / Provincial Government makes a decision. YES

Applicant or objectors handsin right of appeal.

Decision is referred to Applicant & Objectors (if any) granting themtheir right of appeal.

OBJECTIONSOBJECTIONS??

YES

ADVERTISE?ADVERTISE?

Planning Processor /Official receives application, check completeness according to check list, captures application on Planning Module and generates a Tax Invoice.

APPEALSAPPEALS??DELEGATEDDELEGATED??

Application is decided on by delegated official.

Land Use Management Business Process

14 DAYS

Max 60 DAYS 30 DAYS

Max 60 DAYS

21 DAYS

NO-proceed to Objections

NO-proceed to Planning Official

NO-proceed to Final Decision

Capture date additional information is requested & when it is received back from Applicant

Applicant pays Application fees, hands receipt back to Planning Processor who captures Verification Code and submission date.

Thank You

cape town zoning scheme - saasp · all municipalities in the western cape must have a zoning scheme...

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