The City of Cape Town and Heritage Western Cape (HWC) are calling for comments on the proposal to exempt demarcated areas from the requirements of Sections 34 and 38 of the National Heritage Resource Act (NHRA) (Act 25 of 1999).
Heritage Western Cape will consider the implementation of the following sections of the NHRA:
- Section 34(3): Exempting specific areas from compliance with section 34(1).
- Section 38(9): Exempting specific areas from compliance with section 38(1).
The Act
In terms of the NHRA:
- Any person who wants to alter or demolish a structure older than 60 years must apply to HWC for a permit in terms of Section 34
- Section 38 specifies that any person planning to develop a property or properties that trigger a Heritage Impact Assessment process must complete a notification of intent to develop. Depending on the outcome of the notification, they may be required to undertake relevant heritage specialist studies to assess potential negative impacts on heritage.
The NHRA also makes provision for exemptions from the requirements of sections 34 and 38 within a defined geographical area. If approved, no further heritage permissions in terms of sections 34 and 38 are required in the defined geographical areas following the publication of a notice in the Provincial Gazette.
Areas
The City of Cape Town's Urban Planning and Design Department has undertaken an NHRA exemption areas investigation in collaboration with the Environmental and Heritage Management Department and appointed a heritage specialist team.
The application includes exemption from the requirements of sections 34 and 38 in defined geographical areas for selected areas located in the Voortrekker Road Corridor, as well as the following DFAs:
- Atlantis
- Airport Industria
- Flamingo
- Kuils River
- Mitchells Plain
- Ottery/Lansdowne
Development
A focus for the City of Cape Town's integrated District Spatial Development Frameworks and Environmental Management Framework (DSDF-EMF, 2023) Implementation Plan is to investigate mechanisms to incentivise development and/or streamline the development application processes in spatially targeted areas - Development Focus Areas and Urban Support Focus Areas (DFAs and USFAs).
The proposed exemptions will make it easier for property owners and developers in development focus areas and urban support focus areas as identified in the City’s approved Municipal Spatial Development Framework and eight District Spatial Development Frameworks to alter, demolish, or rebuild properties within these areas, or to consolidate properties for development.
Included in this proposal is also the intention to place certain conservation-worthy properties on the heritage register for protection through the City’s Heritage Protection Overlay Zonings.
“Cape Town is ageing, which means that many buildings in our city are 60 years and older. At present, anyone who wants to alter or demolish a structure older than 60 years must first apply to HWC for a Section 34(1) permit to do so - whether or not the property has any heritage value,” says Alderman Eddie Andrews, the City’s Deputy Mayor and Mayoral Committee Member for Spatial Planning and Environment.
“Once HWC has issued the permit, they can submit a development application or a building plan to the City for consideration. If these proposed exemptions are approved, people will no longer need to apply to HWC for a Section 34(1) permit or give notification of the intention to develop in terms of Section 38.”
Andrews says these exemptions will eliminate unnecessary planning applications, significantly reducing the regulatory and administrative burden on developers, property owners, the City and HWC. The processing of building plan submissions will also be speeded up.
“I want to assure residents that the investigating team carried out extensive fieldwork to identify buildings and places that could have heritage value within the proposed seven heritage exemption areas. As part of this application process, we will be informing affected property owners that their property is conservation-worthy and provide them with the opportunity to comment on our proposal to include it on the heritage register as part of the submission to HWC,” says Andrews.
The closing date for submissions of objections and comments is August 14. For more information, visit the City's Have Your Say page at www.capetown.gov.za/haveyoursay.
Writer: Sarah-Jane Meyer