In a bid to minimise bureaucratic requirements, streamline development approvals, and reduce costs, the City of Cape Town recently confirmed that specific development focus areas (‘DFAs’) are now exempted from compliance with various requirements of the National Heritage Resources Act (‘NHRA’).
Pursuant to section 34(1) of the NHRA, the alteration or demolition of any structure – or part of a structure – which is older than 60 years is strictly prohibited absent a valid permit issued by Heritage Western Cape, being the provincial heritage resources authority. Similarly, section 38 of the NHRA limits developers from undertaking various development activities, including the construction of roads, bridges, and canals, land consolidation, or applications for re-zoning, without the prior approval of Heritage Western Cape. Predictably, these legislative requirements have slowed approval times for obtaining building plans and caused uncertainty for developers.
Formally promulgated as ‘NHRA Exemption Areas’, DFAs in Atlantis, Kuils River, Flamingo, Airport Industria, Ottery/Lansdowne, Mitchells Plain CBD, and part of the Voortrekker Road Corridor in Goodwood/Parow are no longer required to adhere to sections 34 and 38 of the NHRA. Instead, all land use and building plan applications submitted for development purposes in these exempted areas will be processed through the Development Application Management System.
Buildings designated as worthy of conservation within these areas are, however, protected through placement on the Heritage Register and will be managed through the Heritage Protection Overlay Zone.
Intended to incentivise development, the City hopes the exemptions will heighten investor confidence and improve the financial viability of designated DFAs, encouraging economic growth and job creation. At the very least, the move will certainly simplify application processes for prospective developers.
