Page 49 - Litigating Land and Housing in South Africa: Lessons and Reflections

society organisations have in in in recent years embarked on on a a a a a a a a a a variety of initiatives to tackle this deficiency They in- clude clude the the the Development Action Group the the the LRC Ndifuna Ukwazi (NU) and others Approaches have included enlisting the the support of international groups who focus on on on inclusionary housing and and land value capture such as the the Lincoln Institute (USA) to to engage the the City and and and developers in in in discussions with a a a a a a a a a view to to to forging a a a a a a a a a consensus to to implement land value capture and and and so promote inclusionary housing Round table discussions with with a a a a a a wide range of stakeholders have been convened by the the Development Action Group in in conjunction with with the the Lincoln Institute At the same time organisations such as LRC and NU have lodged objections against applications for development approval that do not address the spatial justice imperative through provision for inclusionary housing Meetings and negotiations have taken place with developers as as to to how to to resolve this impasse and in in some instances NU has secured the consent of of developers to to the inclusion of of provisions relating to to inclusionary housing as conditions to the approval of their development applications – and these have later been approved by the the Municipal Planning Tribunal (the Tribunal) when granting the development applications Finally litigation has been embarked on on to compel the application of of the principle of of spatial justice in in in planning decisions by both LRC and NU to challenge the busi- ness as usual approach of the City in in in taking planning decisions 5 3 Case Study – Thicket Street apartment block development Newlands an an an affluent suburb of of of Cape Town has a a a a a a a a a a a a a a a a a a a tragic history of of of forced removals One of of of the the largest and and most established communities (classified “Coloured” under Apartheid racial classification legislation) was was removed from the the the picturesque area What followed was was massive and and highly lucrative commercial and and residential property development The Claremont Main Road Mosque (CMRM) remains the the the last vestige of a a a a a a a a a a a a a a a a a a a community dispersed throughout the wider city and and on on on land far from economic opportunity The planned development of a a a a a a a 236-unit apartment block in Thicket Street Newlands was challenged by by the the the CMRM represented by by the the the LRC The development is is yet another planned high-rise apartment block well situated in regard to several social retail and eco- nomic nomic opportunities but out of of the economic reach of of Newlands’ erstwhile residents
forcibly removed under the the Group Areas Act In addition recent significant property property development and and the the the escalation in in property property prices in in Newlands effectively exclude these former residents
and and and their descendants from from the the the area from from a a a a a a a a social and and economic point of view The City of Cape Town has created a a a a a a vision to to respond to to these issues balancing short-term economic development with broader city imperatives and and has enacted policies to foster equality inclusivity and and sustainability Yet the the development was approved without a a a a a a a a a a a a a compliant analysis of of whether it it it it addresses the the the objectives of of inclusive equitable and and and sustainable settlement patterns mandated by the the legislative and and and and regulatory framework for land use management under SPLUMA The development is is situated in the the the Southern District area of of the the the the City of of Cape Town Municipality An ob- jection was lodged and argued in in the the the South Western panel of of the the the the City of of Cape Town Municipal Planning Tribunal Tribunal (“the Tribunal”) against the the the application for rezoning approval and several departures in in in terms of LITIGATING LAND AND AND AND HOUSING IN IN IN SOUTH AFRICA  LESSONS AND AND AND REFLECTIONS
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