town planning opinion

8/7/2019 Town Planning Opinion

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Cabernet HouseVineyards Office Estate

99 Jip de Jager DriveBellville 7530Tel. 084 - 955 1060Fax 086 – 621 [email protected]

29 JULY 2010

The ChairmanTATIBVia Email : [email protected]

FOR ATTENTION : MR. JURGEN SCHIRMACHER

ERF 6338 STELLENBOSCH(c/o Marais Street & Jonkershoek Road Mosterdsdrift).

- LAND USE RIGHTS -

Sir

We refer to previous discussions, and herewith provide you with our professionalopinion in this regard.

1. STATUTORY BACKGROUND :

The applicable legislation which governs land use planning and land use rights inthe Western Cape, is the Land Use Planning Ordinance, No. 15 of 1985,(“LUPO”).

Chapter II of LUPO deals with “Zoning Schemes”, “Zoning Maps”, “SchemeRegulations”, “Use Rights” etc, and the legally prescribed procedures that must

be followed to effect any change s thereof.

In terms of the provisions of LUPO, the zoning and land use rights of a propertyin Stellenbosch is determined by the Stellenbosch Zoning Scheme (July 1996)and the Stellenbosch Zoning Map.



(3) If a local authority in the opinion of the Administrator fails to perform or toexercise satisfactorily its duties or powers in terms of subsection (1), the Administrator may, after notice to such local authority, withdraw any approval or authorisation granted by the local authority, perform the said duties, exercise the said powers and recover from such local authority any amount spent by him in this connection or instruct the local authority as to the steps to be taken by it in order to ensure compliance with

subsection (1), and such instruction shall in law override any decision of the council of the said local authority.

Against the above-mentioned background, we are of the opinion that :

a) the municipality be formally approached to rectify the unlawful utilisation of Erf 6338 for experimental viticulture / agriculture;

- failing which –

b) the Provincial Adminisration : Western Cape be approached to enforcecompliance of the provisions of the zoning scheme by the municipality;

- failing which –

c) legal action be taken against the land-owner, the municipality, and thePA:WC to enforce the applicable provisions of LUPO in this regard.

We trust that you will find the above-mentioned opinion in order, and urge you not tohesitate to contact us for any queries in this regard.

Yours sincerely

GERHARD ERASMUS084 955 1060

_____________ GERHARD ERASMUSB.SC Forestry, M.TRP

town planning opinion

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