Mayor must support effective public participation mechanisms in urban planning debate
by Bridgette Lloyd
As the City of Cape Town (CoCT) continues to grow, so does the complexity of managing its development and land use. The growth has prompted numerous amendments to the Municipal Planning By-law, with the latest proposal being the sixth in just eight years.
While the intention behind the amendments may be to streamline processes and accommodate the city’s expanding needs, the approach taken by the City is deeply flawed, particularly regarding public participation.
The Collective Ratepayers’ Association of the CoCT (CRA) was recently formed to represent more than 40 000 concerned households in Cape Town as a diverse group of residents and property owners who contribute significantly to the City’s finances through their rates.
The contributions come with the expectation that their voices will be heard and their interests respected in decisions that impact their communities. However, the City’s approach to public participation in the planning process leaves much to be desired.
Public participation is not merely a bureaucratic exercise; it is a fundamental principle of democracy. It ensures that the voices of those who are most affected by legislative and policy changes are heard and considered. In the context of urban planning, this means that residents have a say in how their neighbourhoods are developed, how land is used and how changes will impact their lives.
The Constitutional Court has underscored the importance of public participation in several rulings. In the case of Mogale and Others versus Speaker of the National Assembly and Others, the court highlighted that public participation acts as a safeguard to prevent the marginalisation of vulnerable communities. It is a crucial mechanism for ensuring that all citizens, not just those with power and influence, have a role in shaping the laws and policies that govern their lives.
Unfortunately, the CRA’s experience with the City of Cape Town’s public participation processes suggests that the processes are treated as formalities rather than genuine opportunities for engagement. There is little evidence that the City takes resident feedback into account when making decisions, and this lack of meaningful engagement has led to increasing frustration. In some cases, it has even resulted in costly litigation, as community groups feel compelled to take legal action to have their voices heard.
The two-month period allocated for public participation in relation to the proposed by-law amendments is insufficient. The complexity and potential impact of the amendments require more time for residents to understand the changes and provide informed feedback. The association is, therefore, calling for an extension of the public participation deadline from September 23 to November 30, 2024.
In addition to extending the deadline, the CRA is advocating for the commissioning of an Impact Assessment Study (IAS) to evaluate the potential effects of the proposed amendments on various aspects of city life. This includes the impact on infrastructure, property values, traffic congestion and service delivery. Such a study is particularly important if the amendments will lead to the construction of multiple dwellings on single plots of land, which could have significant implications for the service delivery based on the restricted capacity of affected neighbourhoods. The CRA also recommends that the City publish the results of the IAS and reopen the public participation process after the study has been completed. This would ensure that residents are informed about the potential impacts of the amendments and have another opportunity to provide input based on the findings of the study.
The CRA recognises the need for densification as Cape Town continues to grow. However, the approach to densification appears to prioritise the interests of developers over those of residents. The approach has not only failed to meet the City’s own objectives of providing low-income housing and improving efficiency, but has also led to erosion of property values and quality of life in many neighbourhoods.
As of this week, the association is calling for a one-on-one meeting with senior City officials, including members of the Municipal Planning By-law Committee, to discuss alternative approaches to densification.
The goal would be to find solutions that balance the need for development with the rights and interests of residents. The CRA believes that it is possible to achieve sustainable growth and inclusivity without sacrificing service delivery in our neighbourhoods.
One of the most concerning aspects of the planning process is the lack of transparency and accountability. Residents who oppose development applications have faced legal action, creating a climate of fear and discouraging public participation. The CRA is calling for the development of mechanisms to protect residents from such retribution and to ensure that the City provides clear feedback on how public comments are incorporated into final decisions.
The CRA is deeply concerned about the City’s weak enforcement of by-laws, particularly concerning illegal developments. While the proposed impoundment powers may address some of the issues, they do not go far enough in protecting residents from the negative impacts of by-law contraventions. Residents in areas like Summer Greens have experienced significant harm due to the City’s failure to enforce its own regulations, and the CRA believes that stronger measures are needed to hold those responsible accountable.
The City of Cape Town is at a crossroads in its urban development journey. The decisions made today will shape the future of the city for generations to come. It is essential to move forward with a collaborative approach that respects the rights and interests of all residents. This means not only extending public participation and commissioning impact assessments but also ensuring that the City’s planning processes are transparent, accountable and responsive to the needs of the community.
The CRA is committed to working with the City to achieve the goals. The association requests a meaningful dialogue with City officials to address the concerns and to find solutions that will benefit all of Cape Town’s residents. The CRA stands ready to contribute to the creation of a more inclusive, equitable and sustainable city for the future.
* Bridgette Lloyd is the spokesperson for the Collective Ratepayers’ Association of the City of Cape Town.
** The views expressed here are not necessarily those of Independent Media.
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