Dear CIfA Member
Following President Ramaphosa’s declaration of a 21-day national lockdown from 27 March – 16 April 2020, arrangements in respect of the notification of land use development applications are applicable immediately.
The below City of Cape Town Staff Circular below, informs members of the impact of the Lockdown on:
- Pre-Application Consultations;
- LUM application public participation notices – both current and new;
- LUM application public participation commenting period extensions;
- MPT decisions and Appeals.
Staff circular 005 of 2020
To : All Development Management Staff
From : Cheryl Walters – Director: Development Management
Subject : Staff circular 005/2020: Lockdown ‘dead period’
Date : 3 April 2020
Following President Ramaphosa’s declaration of a 21-day national lockdown from 27 March – 16 April 2020, the following arrangements in respect of the notification of land use development applications are applicable immediately.
- Informal and formal pre-application consultation
2.1 No informal or formal pre-application consultation are allowed to take place in the lockdown period, unless all relevant parties are available to meet remotely and finalise and sign minutes.
2.2 Any informal or formal pre-application consultation arranged to take place in the dates affected by the lockdown period must be re-arranged to a date outside the lockdown period, unless it can be conducted remotely.
- Notices of land use development applications
3.1 Notice in the media, site notice, notice to a person or a notice to a councillor, sub-council or registered community organisation
3.1.1 No new notices are to be placed or issued during the lockdown period.
3.1.2 Objections, comments or representations on applications with a closing date that falls in the lockdown period should be accepted for a period of three weeks after the lockdown period ends. For this purpose, a statement on the planning portal will be uploaded to inform the public thereof.
3.1.3 Objections, comments or representation on applications with a closing date after the lockdown period (the commenting period therefore included the whole lockdown period) should be accepted for a period of three weeks after the closing date. For this purpose, statement on the planning portal will be uploaded to inform the public thereof.
3.1.4 The first date for the placement of new media notices after the lockdown period will be the first available Friday after the lockdown period has ended.
3.2 Notice of no objection
New no objection forms may only be issued after the lockdown period has ended.
3.3 Issuing of decision
3.3.1 The issuing of decisions on an authorised official report and Municipal Planning Tribunal (MPT) decisions, where there are no conditions or objectors, are permitted in the lockdown period, where possible.
3.3.2 Check with applicants if they want to proceed with the appeal process in the lockdown period on authorised official decisions and MPT decisions where there are conditions but no objectors.
3.3.3 Delay the issuing of all other decisions to after the lockdown period, including any decisions on applications where there were objectors.
No extension may be granted for submission of appeals, when the closing date for submission of appeals falls within the lockdown period.
Kindly ensure all staff is familiar with and apply the contents of this staff circular consistently.
District Mangers and Section Heads can request further information from either: Richard Walton, Schalk de Jager or Greg Joubert.
Director: Development Management