NHRA Exemption Areas promulgated

20 September 2024

In 2023, the City of Cape Town and Heritage Western Cape concluded an investigation to exempt specific development focus areas (DFAs), identified in the approved Municipal and District Spatial Development Frameworks, in Airport Industria, Atlantis, Flamingo, Kuils River, Mitchells Plain CBD, Ottery/Lansdowne and part of the Voortrekker Road Corridor from certain requirements of the National Heritage Resources Act (NHRA). These areas have now been approved and promulgated as NHRA Exemption Areas.

The exemption from Sections 34 and 38 of the National Heritage Resources Act (NHRA) allows owners of properties in these development focus areas to alter, improve or demolish buildings that are older than 60 years and undertake development that may impact the character of an area, such as consolidation or rezoning applications, without obtaining prior approval from Heritage Western Cape.

Generally, all buildings that are older than 60 years of age enjoy heritage protection in terms of the NHRA. Thus, owners of such buildings must first submit a heritage application to the Provincial Heritage Resources Authority, Heritage Western Cape, for approval in terms of the NHRA. The City can only approve building plans or developments once all other approvals have been attained, including NHRA approvals

Conservation worthy buildings within these areas have been formally protected and placed on the Heritage Register and will be managed through the Heritage Protection Overlay Zone.

'Now that the exemptions have been gazetted, it will reduce the regulatory processes that are required as part of development and building plan applications in these areas. It could also very well reduce the time it takes to approve developments and bring down the cost. This is one of the mechanisms the City has been eager to implement to incentivise development and streamline application processes in these demarcated areas that align to our approved spatial development frameworks and where we want to see more private investment to spur economic growth and job creation,' said the City's Deputy Mayor and Mayoral Committee Member for Spatial Planning and Environment, Alderman Eddie Andrews.

Exempted areas:

Airport Industria
Atlantis
Flamingo
Kuils River
Mitchells Plain CBD
Ottery/Lansdowne
Voortrekker Road Corridor in Goodwood/Parow, including De Grendel

'In 2021 and 2023 the Parow Station Precinct became the first in South Africa to be exempted from Section 34 and Section 38 of the NHRA. This process paved the way for the exemptions that have now been gazetted. It is important to add that the exemption does not give or take away any development rights. Those property owners who wish their current properties to remain as is will not be affected,' said Alderman Andrews.

The benefits of NHRA Exemption Areas:

give certainty to owners and investors that there will be no potential heritage restrictions in terms of the 60-year clause
reduce unnecessary regulatory processes to enable greater certainty for property owners who want to invest in their property
reduce development approval times and cost, thereby improving financial viability of development in the designated area
with the reduction of costs and approval times investor confidence will be stimulated, which improves the likelihood of the development of affordable housing opportunities
regulatory reforms that encourage appropriate urban development assist in stimulating the construction industry, thereby providing much needed jobs
one only needs to submit one application, namely to the City for assessment and approval
one no longer needs to apply for HWC approval
one does not need pay additional fees to HWC for a permit

For more information, go to the City's website, or click on the link: https://bit.ly/4g9NZmW

End

Published by:
City of Cape Town, Media Office

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