City clarifies advert on the lifting of title deeds restrictions

The Breakfast with Kieno Kammies Show received a call on Tuesday from Barnett in Wynberg. He expressed concern about the City of Cape Town lifting restrictions on title deeds going forward.

He says the City is trying to get public comment on a proposal which would allow them to lift or bypass the restrictions which are listed on title deeds, which normally trump the restrictions on zoning plans.

Councillor Brett Herron, Mayco member for Transport and Urban Development, says these assumptions are wrong. There has always been a process where a land owner or property owner could apply to amend or remove a title deed restriction.

What has happened in recent years is that municipalities have become recognised through the Constitutional Court as the sole planning authority within its jurisdiction.

Cllr Brett Herron, Mayco member for Transport and Urban Development

The advert that the caller saw relates to the city manager declaring the process that needs to be followed in terms of the municipal planning bylaw, for a particular type of title deed restriction, application to amend.

Cllr Brett Herron, Mayco member for Transport and Urban Development

It's not that we are suddenly going to remove title deed restrictions or conditions. We are advertising a process in which applicants can follow in order to get a decision on whether a title deed restriction should be lifted or not.

Cllr Brett Herron, Mayco member for Transport and Urban Development

To hear more from Brett Herron, listen below:

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