Presentation Outline

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Presentation Outline

• Introduction
• What is Planning
• The Planning Profession
• Planning Processes
• Legal Considerations
• How do Planning Issues Impact on Property Sales
• Case Study 1 Business Activity
• Case Study 2 Bed and Breakfast
• Case Study 3 Unapproved Building Work
• Case Study 4 Upmarket Gated Village
• Questions
• Conclusion

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Introduction

• Who are David Bettesworth Town and Regional
  Planners
• Visit our Website www.dbtownplanner.co.za
• Presentation can be downloaded from website
• Objective of this presentation
• Provide overview of town planning
• Highlight key planning issues relating to
  property sales

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What is Planning

• Management and directing of growth and
  development of urban areas
• Planning has developed over past 100yrs into an
  internationally recognised specialist profession
• Land use management and Forward planning

4
Land Use Management

• Regulation of land use rights
• on individual properties
• Zoning Schemes
• (27 schemes in Cape Town)
• Title Deed Restrictions
• Other legislation

5
Application Types

• Rezonings
• Subdivisions
• Regulation departures
• Temp land use departures
• Consent use applications
• Removal of restrictions
• Amendment of conditions
• Site development plans

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Forward Planning

• Guides
• Land use change
• Urban growth
• Two types of documents
• Policy Documents
• (eg. Tourism Accommodation Policy)
• Spatial planning documents
• Regional
• Metropolitan
• Local

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The Planning Profession

• Tertiary qualification required
• SACTRP regulates the SA town planning industry
  and certifies professionals
• SAITRP represents the planning industry and deals
  with service issues
• Two main types of planners
• Public sector planners (Council Province)
• Private sector Planners (Consulting firms)

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Planning Processes

• CoCT and PGWC assess planning applications
• Most applications require public participation
• Objectors can often appeal Council decisions
• Applications take at least several months to
  process
• Applications assessed on the basis of
  desirability
• Applicants advised to enlist the help of planning
  consultants

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Legal Considerations

• Decisions have legal implications and affect
  rights
• Advice on planning issues should only be given by
  experienced professionals
• Zoning Schemes and Zoning Maps are legal
  documents that define property rights
• Title Deed restrictions override zoning scheme
  rights
• Do not assume a land use is legal because it is
  in operation
• Illegal land use activities risk prosecution /
  closure by Council

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Case Study 1 Potential for Business UseRaats
Drive, Table View
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Case Study 1 Potential for Business UseRaats
Drive, Table View

• Running business from house
• Business rights achieve higher price
• Zoned single residential has title deed
  restrictions
• Detailed planning application process required -
  2yr process
• Council will only support business in certain
  circumstances
• Illegal business could face prosecution/closure
  by Council

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Case Study 2 Ideal Guest House
OpportunityHout Bay
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Case Study 2 Ideal Guest House
OpportunityHout Bay

• In most cases BBs and guest houses are not
  permitted on single residential zoned properties
• Different areas have different zoning
  requirements and different guiding policies

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Case Study 3 Includes granny flatBergvliet
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Case Study 3 Includes granny flatBergvliet

• In most cases partitioning and adding a sink
  requires building plan approval
• Building inspectors no longer check for
  unauthorized building work prior to transfer
• Adding a second sink in most cases is viewed as a
  second kitchen and therefore a second dwelling by
  Council
• In most cases a second dwelling requires a
  planning application.

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Case Study 4 No problem to enclose that patio
Atlantic Beach Golf Estate
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Case Study 4 No problem to enclose that
balconyAtlantic Beach Golf Estate

• Gated development and group housing developments
  often have additional planning approvals/restricti
  ons
• Architectural appearance usually regulated
  through legally enforceable design guidelines
• Footprint of building often regulated by Site
  Development Plan
• Certain alterations may require neighbours
  consent
• Not all alterations will be approved
• Other parts of the City have similar
  restrictions eg. Urban Conservation Areas

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Thank you for your attendance Any Questions?