reinstated
24 February 2009
The process to reinstate the lapsed use rights of landowners in the province
under the Western Cape Land Use Planning Ordinance [LUPO, 15 of 1985, Section
14(2)] has today passed two milestones.
The Standing Committee on Community Development of the Western Cape
Provincial Parliament and this legislature has passed the Land Use Planning
Ordinance Amendment Bill unopposed. The bill restores the lapsed rights, and
extends it to 30 June 2011.
The committee has received 92 submissions in response to the bill and five
presentations were made as part of its public participation and consultation
process. The majority supported the bill. The bill will be submitted to Premier
Lynne Brown for assent and then be promulgated to become an Act in the
provincial gazette.
LUPO regulates land use planning in the province at local authority level.
Since the commenced of LUPO 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 years
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 the then Premier only
assented to the relevant Amendment Act on 2 July 2007 two days after the rights
had lapsed. It was then published in the Provincial Gazette on 5 July 2007 as
if it was in force.
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.
âThe reinstatement will bring back certainty, stability and clear direction
for local government and the industry,â says provincial Minister of Local
Government, Environmental Affairs and Development Planning, Pierre Uys.
Enquiries:
Cobus Grobler
Media officer
Cell: 073 133 7299
Issued by: Department of Local Government, Environmental Affairs and
Development Planning, Western Cape Provincial Government
24 February 2009
