rights
6 February 2009
The Western Cape Cabinet has given the go ahead to proceed with legislation
to restore the unintended lapse of land use rights.
Premier Lynne Brown and provincial Minister of Local Government,
Environmental Affairs and Development Planning Pierre Uys have announced the
provincial government's decision at a special gathering of professionals,
planners, developers, builders and property owners in Milnerton.
The gathering (Planning and Development Imbizo/Forum) was organised for
government to listen to pertinent issues in the industry as the Western Cape is
a rapid growing province.
Premier Brown in her welcoming said her government wants to clear
uncertainty, create jobs, deal with poverty and engage with the industry to
find solutions to their problems.
"There are many developments taking place in the province. This industry
drives the economy and is to the benefit of all in the province," Premier Brown
said.
Minister Uys and the Premier came to listen, observe and interact with
stakeholders.
Minister Uys then announced that legislation was drafted to regularise and
restore the use rights of landowners that have lapsed since 1 July 2007.
Since the Western Cape Land Use Planning Ordinance (LUPO, 15 of 1985)
commenced on 1 July 1986, the core principle of Section 14(2) was that use
rights in question would have lapsed on 30 June 2001.
The 15-year transitional period was lengthened to a grace period of 21 years
by a number of Amendment Acts to expire on 30 June 2007. This was to be
extended with a further six months, but then Premier only assented to the
relevant Amendment Act on 2 July 2007 - two days after the rights had lapsed.
It was also promulgated in the Provincial Gazette on 5 July 2007.
The problem is that the local authorities and the industry were not aware of
the lapsing of the use rights, and applications of various types have been
submitted for consideration, and in some instances considered, as if the time
period prescribed in Section 14(2) had not lapsed.
LUPO regulates land use planning in the province at local authority
level.
When LUPO commenced, any town-planning scheme in force under the township
ordinance of 1934 (repealed by LUPO), was deemed to be a zoning scheme in force
in terms of LUPO. The rights granted in terms of any such zoning scheme were
preserved, valid and enforceable as if granted pursuant to the provisions of
LUPO.
Where the zonings, and thus the rights upon which any applications
dependent, no longer exist, the very basis of such application fell away.
"When this situation came to my attention towards the end of last year
(2008), I immediately instructed a legal opinion be obtained to look at the
options to speedily resolve the predicament amicably. And I had the local
authorities informed in a circular.
"The extending legislation to reinstate the unintended lapse of land use
rights is published for information and comment in the Provincial Gazette today
(Friday 6 February 2009). Thereafter it will be submitted to the Western Cape
Provincial Parliament. Permission has also been given by the Premier for a
shortened public participation process. After Parliament passed it, it could be
made applicable in March.
"This will bring back certainty, stability and clear direction for local
government and the industry," says Minister Pierre Uys.
Enquiries:
Cobus Grobler
Cell: 073 133 7299
Issued by: Department of Local Government, Environmental Affairs and
Development Planning, Western Cape Provincial Government
6 February 2009
