Page 47 - Litigating Land and Housing in South Africa: Lessons and Reflections

5 1 Case information In In most large cities of of the the world low income earners live in in less well-located parts of of the the city In In South Africa this spatial spatial division is is greatly exacerbated by apartheid spatial spatial planning and past forced removals under the the Group Areas Act In Cape Town the the the Coloured Labour Preference Area Area policy policy furthered the the the policy policy of divide and and rule and and spatial exclusion through employment discrimination accompanied by relentless deportation of Cape Town’s Black population to the the homelands under the the Promotion of of Bantu Self Government Act 46 of of 1959 In post-apartheid town planning new low-income hous- ing developments tend to be located on the periphery of cities in in a a a phenomenon known as inverse densification where the majority live far from economic opportuni- ties ties services and amenities In Cape Town this has been exacerbated by the rising cost of well-located res- idential properties coupled with a a a a general failure of the City of Cape Town to implement social and affordable housing Globally several initiatives both voluntary and regulat- ed have been undertaken to address spatial inequality and to promote the the achievement of the the “just city” – which is defined by its ability to provide an inclusive environment sufficient green public open spaces food security efficient public transportation networks delivery of adequate basic services and access to affordable housing housing 8 Inclusionary housing housing – the provi- sion of affordable housing by private developers either through requirements or incentives – began in in the US
in the early 1970s amid concerns about racial and so- cio-economic segregation resulting from “snob zoning” in in primarily suburban jurisdictions Since then cities such as Boston Chicago and several in California have adopted the policy of of requiring a a a a portion of of affordable homes – – typically 15 percent – – in new residential devel- opments The affordable homes are either marbled into the project built elsewhere or developers pay into an affordable housing fund Inclusionary housing uses the planning approval pro- cess to to require private developers to to set aside a a a a certain number of affordable units in their market driven developments through a a a a mechanism known as “land value capture ” This describes a a a process by which gov- ernment recoups the surplus land value brought about by its interventions – such as granting development rights or or changes in in land use or or zoning – and and then re- distributes these in in order to promote improved housing opportunities in in well-located areas for lower income 8 Ruiz A A City and Regional Planning Masters thesis – Ysterplaat A A well-located opportunity for for spatial transformation
5 SPATIAL JUSTICE AND INCLUSIONARY HOUSING: DEVELOPMENT IN IN IN NEWLANDS CAPE TOWN
LITIGATING LAND AND AND AND HOUSING IN IN IN SOUTH AFRICA  LESSONS AND AND AND REFLECTIONS
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