The Cape Town Zoning Scheme
The City of Cape Town submitted the final draft of the proposed Cape Town Zoning Scheme to the Western Cape Provincial Department of Environmental Affairs and Development Planning (DEADP – the competent authority for approving zoning schemes) in January 2011 for further consideration and finalisation.
- The following documents represent the contents of the FINAL DRAFT Cape Town Zoning Scheme:
CTZS Final draft – Regulations – Oct 2010
CTZS Final draft – Table A – Oct 2010
CTZS Final draft – Appendix – Oct 2010
OVERLAY ZONES
GCTCA comment submissions on the drafts of the Cape Town Zoning Scheme (2005-2010)
The following represent the GCTCA Comments on the Cape Town Zoning Scheme:GCTCA IZS Comments June 2005GCTCA IZS Comments May 2008GCTCA CTZS Comments May 2010GCTCA CTZS Comments 30 September 2010Note: Comments confined to the amended aspects of the CTZS draft only, as per City requirement.
The Western Cape Provincial Department of Environmental Affairs and Development Planning is not the competent authority to promulgate zoning schemes. Section 9(2) is unconstitutional and I have no doubt that both the City of Cape Town and Provincial Government knew this when MEC Bredell promulgated the CTZS. The question is: if this is the case (and hopefully a PAIA application will establish the truth one way or the another)why did they act unlawfully and unconstitutionally? Because they knew that to obtain a declaration of invalidity and certify it would take time and money. So they took a shortcut and went ahead anyway with the intention of “curing” the defect with a by-law in 2015. If they did not know it was unconstitutional then, to be frank they are too dull-witted to govern.