Affairs and Development Planning, Pierre Uys to reinstate lapsed use rights for
landowners
29 January 2009
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 the Premier only assented to the
relevant Amendment Act on 2 July 2007; two days after the rights had lapsed. It
was 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Ordinance of 1934 (repealed by LUPO), was deemed to be a zoning scheme in force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 falls away.
"This situation that has arisen in the middle of June 2007 (when I was the
provincial Minister of Health), only 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 resolve the predicament amicably. And I had the local
authorities informed in a circular.
"I showed and have all intentions to rectify the situation.
"I received this opinion yesterday (28 January 2009). After considering this
I decided to speedily put a process in place to rectify the dilemma. I am
preparing further extending legislation to submit to the provincial Cabinet and
Western Cape Provincial Parliament to reinstate the unintended lapse of land
use rights.
"This will bring back certainty, stability and clear direction for local
government and the industry," says provincial Minister of Local Government,
Environmental Affairs and Development Planning Pierre Uys.
Enquiries:
Cobus Grobler
Cell: 073 133 7299
Issued by: Department of Local Government, Environmental Affairs and
Development Planning, Western Cape Provincial Government
29 January 2009
