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Monday Oct 22, 2012

Cape properties will soon lose or gain some zoning rights

The changes being made to City of Cape Town's zoning and planning approvals system will soon be implemented and, when they come into effect, you must be sure you won't have "lost" rights on the property, although in some cases you may have gained, says Lanice Steward of Knight Frank Anne Porter.

"In the greater Cape Town area, 27 zoning systems are being used, each applying to a particular area and having different rules and regulations.

"City of Cape Town will be bringing in a new zoning system to replace the existing 27 with one single updated and modernised scheme that will apply the same rules to the entire city.

"The standardised system, it is thought, will bring in consistency and efficiency in the future.

"At the moment rules vary greatly; what you can do on a property in certain parts of Claremont, for example, is quite different from what is allowed in Llandudno, even if they are both single residential properties."

At present you can find the zoning areas at gov. za/ en/ planningandbuild ing/ Pages/ ZoningViewer Instruction.aspx.

You can look up the corresponding rules at www.cape building/ Publ i c ations/ LandUseManagement/Pages/ LegislationPart1.aspx.

"You will see that the 'single residential' allowances in some areas allow the owner to go up three storeys but in other areas heights are restricted.

"The new system, it seems, will bring in changes where objections to zoning plans will be prevented, helping developers get their planning approvals through more quickly.

"The city's densification strategy is driven by this new regulatory system so there will be restricted heights within units.

"That is you can have more storeys but the ceilings will be restricted to a certain height to get more units in. There will also be increased bulk in mixed use areas.

"We might find that the actual regulations promulgated might differ but the proposed draft is available at www. capetown. gov. za/ en/ planningandbuilding/Pages/U CZS.aspx," says Steward.

"This is something to be aware of and you should check the zoning rights carefully before putting in an offer to purchase."

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