Removal of restrictions - VI

In the Western Cape Province, removal of restrictions is effected in terms of the Western Cape Land Use Planning Act, 2014 (Act 3 of 2014) (LUPA). There are different dates of commencement of the Act for various municipalities:

It must be also highlighted here that there are four transitional periods to be observed in respect of the municipalities in the Western Cape namely:

1. The period between the date of commencement of the Land Use Planning Ordinance 15 of 1985 (LUPO) and the said LUPA (bearing in mind that the latter differs from one municipality to another)
2. The period between the date of commencement of the LUPA and the date of commencement of SPLUMA.
3. The period between SPLUMA and the commencement of the respective by-law.
4. The period after the commencement of the respective by-law.

There are different dates of commencement per municipality or per group of municipalities namely:

• The City of Cape Town (1 July 2015)
• Berg River Municipality (1 August 2015)
• George Municipality (1 September 2015)

The commencement date in respect of the following Municipalities is 25 April 2016:

• City of Cape Metropolitan Municipality
• Cape Winelands District Municipality
• Karoo Central District Municipality 

The commencement date in respect of the following Municipalities is 7 October 2015:

• Beaufort West
• Cape Augulhas
• Hessequa 
• Langeberg and
• Saldanha Bay

The commencement date in respect of the following Municipalities is 1 December 2015:

• Bitou
• Breede Valley
• Laingsburg
• Matzikama
• Mossel Bay
• Stellenbosch 
• Theewaterskloof

The commencement date in respect of the following Municipalities is 1 February 2016:

• Drakenstein
• Overstrand 
• Swellendam

The commencement date in respect of the following Municipalities is 15 March 2016:

• Prince Albert  
• Witzenberg 

The commencement date in respect of the following Municipalities is 1 June 2016:

• Cederberg and
• Knysna Local

The commencement date in respect of the following Municipalities is 8 November 2016:

• Eden District 
• Overberg District 
• West Coast District
• Oudtshoorn

Section 39(1) of the Western Cape LUPA provides inter alia as follows in this regard:

(1) A competent person must apply to the municipality if he or she requires the removal, suspension or amendment of a restrictive condition. (6) A municipality must publish its decision to remove, suspend or amend a restrictive condition in at least the Provincial Gazette and notify the Registrar of Deeds accordingly.

In terms of Section 40(11), a person may not apply to the Registrar of Deeds to transfer an erf unless the person has proved, to the satisfaction of the municipality, compliance with the conditions of approval that have to be complied with before the land may be transferred.

Where land use planning by-laws have been passed, applications will be approved in terms of the relevant by-laws read with the LUPA.

Note that all applications submitted within the transitional period between the LUPO and the date of commencement of the LUPA per municipality and the date of commencement of the relevant by-law must be finalised in terms of the LUPO.

Applications submitted after the date of commencement of the LUPA where a by-law has been put in operation will be processed in terms of the relevant by-law read with the LUPA. However, applications submitted prior to the promulgation of the LUPA will be finalised in terms of the Removal of Restrictions Act 84 of 1967.

The following documents must be lodged in the deeds office for the purposes of registration of the application in terms of Act 84 of 1967:

• Application
• Gazette
• Title deed.

Section 45 of the City of Cape Town Municipal Planning By-Law provides as follows:

(1) The City may, on its own initiative, in respect of any land unit, or on application, remove, suspend or amend a restrictive condition.

In terms of Section 46(1) the application to the Registrar of Deeds for endorsement of title must be accompanied by the following documents:

1. The original title deed;
2. The original letter of approval; and
3. A copy of the notification of the approval.

Wiseman Bhuqa, Law Lecturer
Legal Support & Deeds Training

Note:
For the initial introduction see: Removal of restrictions - I
For Provincial examples see:
Removal of restrictions - II (KwaZulu-Natal)
Removal of restrictions - III (Gauteng)
Removal of restrictions - IV (Mpumalanga)
Removal of restrictions - V (Free State, Eastern Cape and Limpopo)
Removal of restrictions - VII (Northern Cape and North West)