LAND USE ENFORCEMENT POLICY FOR THE PLANNING AND BUILDING DEVELOPMENT MANAGEMENT DEPARTMENT CITY OF CAPE TOWN
This policy is called the Land Use Enforcement Policy for the Planning and Building Development Management Department of the City of Cape Town (the City).
There are different approaches to land use enforcement in the City. A uniform approach must be adopted. In many areas, the approach to land use enforcement has meant that people are permitted to continue with the unlawful land use until such time as the land use application has been finalised. Thus people are often able to utilise land for a purpose not contemplated by the zoning scheme for an unacceptable period of time.
There has been an increase in unlawful land use activities. This, in turn, has lead to a flood of complaints from surrounding land owners, as well as from the Councillors who represent the ratepayers. The approach adopted must discourage the commencement of an activity prior to the land use rights being in place.
The approach must also give guidelines to officials on how to exercise discretion when carrying out land use enforcement.
A working group of officials and Councillors was set up to examine the different methods of enforcing the legislation and this policy reflects the inputs received during these sessions.