FAQ

Please see our Heritage & Development page for more information.

To the RRA (Ratepayers & Residents Association) ExCo at their bi-monthly meetings.

They are an I&AP (Interested and Affected Party) registered with the City Council and
Heritage Western Cape (HWC) for the purpose of commenting on the heritage aspects of
plans. They have no powers: they have influence in the heritage assessment process related
to 4 & 5 (below.) They do not approve plans: only Council and Heritage Western Cape have
that legal authority. When they sign plans it means they have no further comments /
objections to the proposals on heritage grounds.

Council’s Heritage Guideline Pamphlet 12, Kalk Bay – St James, provides the basis; plus
their professional experience; plus a commitment to promoting traditional architectural
forms, materials and details that fit the character of this area; plus site visits and interactions
with property owners and their architects in conjunction with Council’s heritage and
planning officials; plus local knowledge and heritage information held by Kalk Bay Historical
Association.

There are two heritage approval processes that regularly apply in our area:
(i) Any internal or external alteration to a structure older than 60 years (regardless of
how significant or not it is) requires a Permit from Heritage Western Cape in
accordance with section 34 of the National Heritage Resources Act. The RRA and
the City’s Heritage Resources Section (HRS) are both I&APs in this process and
provide comment to HWC, who are the decision-maker.
(ii) Any external addition, alteration, new structure or tree removal requires approval
from the City since our area is a Heritage Protection Overlay (HPO) zone in
accordance with section 162 of the Municipal Planning Bylaw. The RRA and the
City’s Heritage Resources Section comment into this land use process but the
decision-maker is either a delegated Land Use official (if there are no objections) or
the Municipal Planning Tribunal (if there are objections).

At the Council offices in Plumstead (old Plessy Building / Checkers Shopping Centre). Plans
are copyright-protected and belong to the architects and property owners. Therefore,
electronic copies cannot be supplied without their permission. Not even Councillors are
given electronic copies of plans. POPI Act (Protection of Personal Information) Act applies.

Only with permission of owners and their architects.

Council does not file plans by suburb; they are filed only by Case ID.

Each Application is assigned to a Case Officer whose task is to move and track the plan
through the many steps and stages in the lengthy process of plan approval that lasts many
months and involves numerous officials in various Council branches. The heritage
assessment step is a small part of this and the S-C participates in this step alone, and nothing
beyond it. They have neither the capacity nor the authority to track a plan’s progress
through the approvals process.

For Heritage Western Cape processes, they only require the comment from the RRA and
the City’s Heritage Resources Section. Some applicants choose to advertise more broadly but
it is not a requirement.
For City Land Use applications (such as to work in the HPO zone) the Case Officer decides the
extent of advertising required but it usually includes the RRA, the Ward Councillor, the
surrounding neighbouring properties and a Development Notice physically placed on the
property. Applicants can choose whether to obtain neighbours’ consent themselves (by
having them sign a ‘no objection’ form and the plan) or they can request the City to
advertise on their behalf via registered mail. They will have 30 days in which to study the
plan and submit comments/objections via email to the City. The applicant is given the
opportunity to respond to any objections received and may choose to modify the proposed
plan as a result. If Council receives no comments/objections it has no option but to assume
that neighbours are satisfied, and approve the plan.

Although all these State-owned properties fall within the HPO zone, State Owned
Enterprises (SOEs) are not obliged to submit their lessees’ development plans to Council:
they may submit what is called a ‘courtesy plan’ but seldom do so. This gives lessees pretty
much a free hand to do as they wish and their development record proves this. Neither
Council’s Heritage Section nor the S-C have ever commented on heritage aspects of developments on SOE land.