Planning and Economic Development, Tasneem Essop
20 December 2006
Today I wrote a letter to Ms Helen Zille, the Executive Mayor of the City of
Cape Town, about the applications made by the Municipal Council of the City to
the competent authorities in the Western Cape Provincial Government for certain
approvals relating to the proposed new stadium and urban park on the Green
Point Common (the stadium, the urban park and the common).
The applications made by the Council are the following:
(a) An application in terms of section 137 of the Municipal Ordinance 20 of
1974 (Cape) for authority to close a public place of 18 ha, being the part of
the Common which will become the stadium precinct.
(b) An application in terms of section 9(2) of the Land Use Planning Ordinance
15 of 1985 (LUPO) for the amendment of schedule two to the municipality of the
city of Cape Town: Zoning Scheme: Scheme Regulations (the Zoning Scheme) by
excluding the stadium precinct from the area of the Green Point Common
designated for playing fields.
(c) An application in terms of section 17 of LUPO for the rezoning of the
stadium precinct from public open space to community facilities use zone in
terms of the Zoning Scheme.
(d) An application in terms of section 15(2) and (3)(b) of the Zoning Scheme
for consent to build the stadium in the stadium precinct pursuant to the
rezoning of the stadium precinct from public open space to community facilities
use zone.
(e) An application in terms of section 16 of the Zoning Scheme for consent to
build an electrical substation in the stadium precinct.
(f) An application for a departure from the number of on-site parking bays for
the stadium required by section 77(1) of the Zoning Scheme.
(g) An application for a temporary departure from the Zoning Scheme to allow
Federation Internationale de Football Association (FIFA) to use land adjacent
to the stadium precinct for temporary parking, a hospitality area and
associated uses during the 2010 FIFA World Cup tournament.
The competent authority in relation to the application referred to in
paragraph (a) above is Minister Richard Dyantyi, the Western Cape Minister of
Local Government and Housing. I am the competent authority in relation to the
applications referred to in paragraphs (b), (c), (f) and (g) above.
In addition to those applications, I am currently considering appeals in
terms of section 35(3) of the Environment Conservation Act 73 of 1989 (ECA)
against the granting of authorisation for the stadium and Urban Park and
associated infrastructure in terms of section 22 of the ECA on 31 October 2006.
That decision was taken by the Director: Integrated Environmental Management
(Region B) in the Provincial Department of Environmental Affairs and
Development Planning on 31 October 2006, pursuant to an application by the
city.
In my letter today to the Executive Mayor, I informed her that I cannot take
the first-instance decision about the applications for consents in terms of the
Zoning Scheme referred to in paragraphs (d) and (e) above (the consents)
because the Zoning Scheme expressly vests the power to do so in the council.
There is nothing in the Zoning Scheme or in the LUPO, in terms of which the
Zoning Scheme was made, which allows me to take the first-instance decisions
about the consents.
I also informed the Executive Mayor that the Council's decision on the
applications for the consents is appealable to me in terms of section 44 of
LUPO and that it is desirable that I determine at the same time all of the
current applications and all appeals relating to the proposed stadium and Urban
Park, including any appeals against the council's decision on the applications
for the consents.
It is accordingly necessary that the council reconsider and take a decision
on the consents.
I infer from the Council's decision taken on 7 December 2006, recommending
to me that I grant the consents, that when the council itself reconsiders them
it will approve the consents. If the council does so, the city must send
registered letters to the objectors notifying them of the council's decision
and of their right to appeal in writing within 21 days of the registration of
those letters.
If appeals are served within that period, upon receipt of the council's
comments and recommendations on the appeals or its notification that it has no
comments or recommendations I will consider and determine together the
applications referred to in paragraphs (b), (c), (f) and (g) above, the appeals
in terms of section 35(3) of the ECA and the appeals against the council's
approval of the consents.
If no appeals are served within that 21 day period, I will consider and
determine together the applications referred to in paragraphs (b), (c), (f) and
(g) above and the appeals in terms of section 35(3) of the ECA.
I shall make and announce my decision on all these matters once I receive
the council's comments and recommendations on the appeals against its approval
of the consents or its notification that it has no comments or
recommendations.
As matters stand I will not be issuing any further media statements on this
matter until I take my final decision.
Enquiries:
Lynnette Johns
Tel: (021) 483 3915
Fax: (021) 483 6081
Issued by: Ministry of Environmental, Planning and Economic Development,
Western Cape Provincial Government
20 December 2006
Source: Western Cape Provincial Government (http://www.capegateway.gov.za)
