Filming By-law has far reaching Consequences

The City of Cape Town is in the process of finalising the draft City of Cape Town Municipal Planning Third Amendment By-law, 2016 to allow for filming as a primary use at all residential properties zoned for single residential use and in all other zonings where filming is not currently a primary use.  The City is also finalising the draft City of Cape Town Filming By-law, 2016 which is to replace the previous Filming By-law of 2005.

In effect these amended by-laws will allow commercial filming as a primary use right at residential properties which are zoned for single residential use.

The draft City of Cape Town Municipal Planning Third Amendment By-law,2016 and the draft City of Cape Town Filming By-law, 2016 are available on the City’s website

https://www.capetown.gov.za/en/PublicParticipation/Pages/DraftFilmBylaw2016MunicipalPlanningThirdAmendmentBylaw2016.aspx

 

It is important that all ratepayers and residents understand the implications of the amendments to the by-laws which will have far-reaching consequences.  Filming as a land use right in all municipal zones, including single residential zones, will not only reduce the ‘red tape’ but will for example make it impossible to prevent routine “micro shoots with casts of up to 8 and their crews from filming at residential properties in single residential areas.

It is important also to understand the limitation of the rights of residents to have their say in the extent of commercial filming in their neighbourhoods and the cumulative effect of commercial filming in single residential areas.  For example, Section 5(6) of the the draft City of Cape Town Filming By-law, 2016 allows the City to annually publish a list of properties which may be used for filming activities without the need for further consultation with occupiers of abutting properties for whatever period the City publishes on the list.

Comments by email on the draft City of Cape Town Municipal Planning Third Amendment By-law, 2016  and the draft City of Cape Town Filming By-law, 2016 must be submitted to the following email addresses:

 lums@capetown.gov.za

and

filming.by-law@capetown.gov.za

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