The City of Cape Town's Land Use Enforcement Policy, adopted by the Planning and Environmental Portfolio Committee (Pepco) and enforced since the beginning of the year, has resulted in hundreds of businesses being closed down due to land use violations.

Planning and Building Development Management Director Cheryl Waters said while cracking down on zoning violations rested on a lengthy process involving the criminal courts, her department had nevertheless achieved notable success since the policy was implemented eight months ago.

Waters said over 500 cease-work notices had been served in the Cape Town Metropole, so far resulting in 286 unauthorised businesses having closed down.

She said out of 32 cases had been through the courts, 29 guilty verdicts had been handed down and fines had been issued.

She said land use contraventions was a complaints driven process, with complaints being investigated by the city and, if necessary, a notice being served upon the property owners.

Transgressors were given deadlines and were prosecuted if they failed to comply.
Fines of up to R100k or a term of imprisonment could be handed out if the prosecution was successful.

She said it should be noted that prosecution would be instituted even if the landowner had, subsequent to the notice, submitted a land use application to rectify the land use violation.

"Anyone thinking of starting a business from home should first check with the City of Cape Town to find out whether the zoning scheme regulations for their area allowed that activity," said Waters in a statement.

Eric Basson, manager for the Parklands Home Owners Association (PHOA), where a large number of land use violations had taken place, said the association had received numerous complaints from residents who were not unhappy about neighbours operating businesses from home.

Basson said common illegal businesses in Parklands were electrical and spray painting companies.

"People are running industrial type of business not suitable for a residential area," he said

Bloubergstrand Residents Association chairperson, former Springbok captain Corne Krige, said by cracking down on illegal businesses, the city showed it was committed to the rule of law.

But Chief Executive Officer of the Cape Chambers of Commerce, Albert Schuitmaker, said the City should work in consultation with the businesses community to develop criteria which would allow certain businesses which did not have an impact on the environment to operate in residential areas.

Schuitmaker said single accountants operating from home with one computer and with no clients visiting the premises did not pose a threat and or impact the surrounding environment.

This was different to, for example, a panel beating business in a backyard or garage which was likely to cause a public nuisance in terms of noise and possible health threats.

"Applications (for zoning departure) need to be considered on an individual basis," said Schuitmaker. - Peter Luhanga, West Cape News

For more information contact Martin van Zyl on 082 610 1199 or send an email. Click here to visit the website.

Readers' Comments
Have a comment or question about this article? Email us now.