The City of Cape Town faces a revolt by 40 residents associations over a move to promote business activity within the beloved greenbelts on the slopes of Table Mountain.
A draft municipal planning bylaw (MPBL) amendment would grant rights for film shoots and green energy projects, such as electric vehicle charging and wind turbines, across much of the city, including in areas zoned for single residences, public open spaces and greenbelts.
In addition mobile businesses such as pop-up saunas and barber shops will have designated trading areas, some of them within greenbelts and heritage and tourist areas, according to another draft bylaw up for public comment.
Environmental protection has been removed as the primary use right of greenbelt and other public open spaces, to the surprise of many. Businesses wanting to operate in such areas would not require the same consent as before — and the public would have less say in whether a business activity can go ahead.
To have commercial interests as an implementable ‘right’ is problematic when the greenbelts are the only environmental/ecological remnants on which the whole green City infrastructure is dependent
— Legal opinion
Defending the proposed amendment, deputy mayor Eddie Andrews, who is also MMC for spatial planning and the environment, said: “It is important to note that as the world changes around us, we also need to adapt our MPBL. For example, some of the revisions regulate the installation of renewable energy structures such as solar roof panels, wind turbines, and so forth. We also need our MPBL to be responsive to Cape Town’s unique built environment and social reality.”
Andrews stressed only a few new uses, notably green energy and film, were proposed for residential areas and public open spaces: “It is not to allow all businesses as primary rights.”
While business stakeholders welcome the proposals, the city faces pushback from the Collective Residents Association (CRA), a group of 40 associations formed specifically to oppose the amendments. The CRA’s key concerns include loss of public input into land-use decisions and the intrusion of commercial interests on public open spaces.
“The challenge is that the public participation process needs to be meaningful, where local residents and ratepayers inputs are respected, not merely a legal tick-box exercise,” said CRA spokesperson Anthony Saunders.
The Friends of Constantia Valley Greenbelts Association has sought a legal opinion in relation to greenbelt spaces. “To have commercial interests as an implementable ‘right’ is problematic when the greenbelts are the only remaining environmental/ecological remnants on which the whole green City infrastructure is dependent,” the legal opinion says. “We seem to be going backwards in management of these open space areas.”
Some residents said using public recreational areas for business activities defeated the purpose of a zoning scheme. “We cannot allow wholesale destruction of these precious areas,” read one objection submitted to the city administration.
Andrews said greenbelts would still have protection under the National Environmental Management Act (Nema). “Any proposed development that may have an impact on ecological/natural areas will trigger statutory approvals in terms of the Nema. Also, the city cannot promulgate a MPBL that contravenes national legislation, such as the Nema.”
The proposed 142 sites designated for mobile businesses also face resistance from some residents, especially those that encroach on greenbelts. A draft map showing the sites places some in prime tourist spots including Newlands Forest (two sites), Constantia greenbelt (three), Fish Hoek beachfront (two bays), Kalk Bay main road and parking lot (three) and Muizenberg park (one).
The city has extended the public comment period for its mobile business proposals. “Mobile businesses like food trucks, barber shops and clothing shops have become increasingly popular. The city wants to make it easier for businesses to operate in this sector,” said economic growth MMC James Vos.
He acknowledged there had been “some strong objections on certain sites”, and they would be taken into account when finalising the list.
Several mobile sites are reserved for mobile saunas. Hot Huts Sauna operator Vanessa Yelseth said this was testament to the city’s willingness to support tourism and growth industries. “We met with [premier] Alan Winde and showed him a video of the sauna.” Her company was put in touch with the city’s “red tape reduction unit”.
“I was so heartened to see this amendment coming out,” she said.
One mobile sauna was reserved by the All Blacks rugby team on their recent tour.
Film industry stakeholders welcomed the proposals, partly designed to accord with a new draft film bylaw aimed at streamlining applications to film at city locations. “This does not mean that residents will not have an input in issuance of film permits as the film bylaw will hold production companies to strict procedures and regulations that need to be followed to obtain a permit,” said Rudi Riek, CEO of the Film Industry Visa Assistance programme.
“These developments should not make residents anxious as these provisions are in line with global practice.”
But critics remain sceptical of the pro-business moves, particularly after damage to public open spaces that appears to have gone largely unpunished. Last year about two dozen endangered western leopard toads were killed during a three-night film shoot in a greenbelt. Trees were also removed from the Constantia greenbelt by a property developer looking to enhance his views.
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