Council approves application for rezoning of Portion 1 of Cape Farm 1387 at 21 Avondrust Circle in Noordhoek

ISSUED 20 AUGUST 2014

STATEMENT BY THE CITY’S MAYORAL COMMITTEE MEMBER FOR ECONOMIC, ENVIRONMENTAL AND SPATIAL PLANNING, COUNCILLOR JOHAN VAN DER MERWE

Council approves application for rezoning of Portion 1 of Cape Farm 1387 at 21 Avondrust Circle in Noordhoek

The City of Cape Town must engage with its residents so as to foster an inclusive society which openly addresses issues relating to our integrated development. Equally, the City must offer fair opportunity to residents who wish to interact with the City’s available land use policies.

This is why the integrity of due process is of paramount importance.

The below narrative outlines the progression of an application for the rezoning of Portion 1 of Cape Town 1387 at 21 Avondrust Circle in Noordhoek, with the intention to construct a local restaurant.

The procedures outlined were followed to the letter of the law. They prescribe an articulated system of checks and balances that ensure fair consideration of all interests:

• The application for the rezoning of Portion 1 of Cape Farm 1387 at 21 Avondrust Circle in Noordhoek was received by the City of Cape Town on 16 October 2012.
• The legally designated process of public participation was enacted through advertised invitation for public comment on 12 April 2013, for a 30-day period.
• On 12 February 2014, the application was considered by the Spatial Planning, Environment and Land Use Management (SPELUM) Committee who agreed to perform a site inspection.
• On 12 March 2014, SPELUM resolved to recommend to the Mayoral Committee that the application be refused in terms of Section 16 of the Land Use Planning Ordinance (15 of 1985).
• On 20 May 2014, the report was considered by the Mayoral Committee, who similarly determined to visit the site in question.
• This visit took place on 10 June 2014.
• On 17 June 2014, the application was reconsidered by the Mayoral Committee who resolved to recommend that the item be approved, subject to additional conditions, which were agreed to by the applicant.
• On 25 June 2014 an assessment report, which included motivations from the applicant as well as the objector, was brought before Council. The matter was referred back on the basis of indications of externally validated information having become available. With the legally qualified public input having been concluded, the relevance and procedural implications of any subsequent submission or input (including the reasons for not bringing the information to bear during the formal opportunity) had to be assessed before the matter could be finalised.
• An externally requisitioned report was received and processed. Its contents held no implications for the designated decision-making body and were thus not promulgated for further consideration. Administrative fairness dictates that this matter, therefore, be presented before Full Council without delay.

These steps hold due regard for the equal opportunity of response that each party is privy to. It champions the principles of fair administrative action and legal compliance within the relevant laws, thereby upholding the legal framework within which planning applications are considered.