Yesterday and today the legal teams advising Ms Tasneem Essop, the Western Cape Minister of Environment, Planning and Economic Development ('the Provincial Minister'), and Ms Helen Zille, the Executive Mayor of the City of Cape Town ('the Executive Mayor' and 'the City'), discussed the further course of the City's applications for land use planning permission and an environmental authorization related to the proposed new stadium and urban park on the Green Point Common ('the Stadium' and 'the Urban Park').

The discussions followed the Provincial Minister's letter to the Executive Mayor of Wednesday 20 December 2006, that the Municipal Council of the City of Cape Town ('the Municipal Council'), not the Provincial Minister, must take the first-instance decision on the application in terms of section 15(2) and (3)(b) of the City of Cape Town: Zoning Scheme: Scheme Regulations ('the Zoning Scheme') for consent to build the Stadium in the Stadium precinct. The same applies to the application in terms of section 16 of the Zoning Scheme for consent to build an electrical substation in the Stadium precinct. The Zoning Scheme expressly vests the power to take those decisions in the Municipal Council not the Provincial Minister and therefore the City Council resolution of 7 December 2006 does not constitute a decision for consent use.

Following these discussions, the next steps will for the Provincial Minister to determine the following:

a. The appeals in terms of section 35(3) of the Environment Conservation Act 73 of 1989 ('ECA') against the granting in terms of section 22 of the ECA on 31 October 2006 of authorization for the Stadium and Urban Park and associated infrastructure. The 31 October 2006 decision was taken by the Director: Integrated Environmental Management (Region B) in the Provincial Department of Environmental Affairs and Development Planning ('the Provincial Department'), pursuant to an application by the City.

b. The City's application in terms of section 17 of LUPO for the rezoning of the Stadium precinct from Public Open Space to Community Facilities Use Zone in terms of the Zoning Scheme.

c. The City's application in terms of section 9(2) of the LUPO for the amendment of Schedule 2 to the Zoning Scheme by excluding the Stadium precinct from the area of the Green Point Common designated for playing fields.

d. The City's application for a departure from the number of on-site parking bays for the stadium required by section 77(1) of the Zoning Scheme.

e. The City's application for a temporary departure from the Zoning Scheme to allow Federation International Football Association ('FIFA') to use land adjacent to the Stadium precinct for temporary parking, a hospitality area and associated uses during the 2010 FIFA World Cup tournament. The Provincial Minister will take and publicise her decision on these matters by the end of the first week in January. If the Provincial Minister grants the rezoning, the Municipal Council must then re-consider and determine:

f. The City's application in terms of section 15(2) and (3)(b) of the Zoning Scheme for consent to build the Stadium in the Stadium precinct.

g. The City's application in terms of section 16 of the Zoning Scheme for consent to build an electrical substation in the Stadium precinct.

If the Municipal Council gives consent for the building of the Stadium and the electrical substation, the objectors will be able to appeal to the Provincial Minister against that decision in terms of section 44 of LUPO. The City must send registered letters to the objectors notifying them of the Council's decision and of their right to appeal in writing within 21 days of the registration of those letters. If appeals are served within that period, the City must consider them and send to the Provincial Department its comments and recommendations on the appeals or its notification that it has no comments or recommendations.

Upon receipt of the City's comments and recommendations on the appeals or its notification that it has no comments or recommendations, the Provincial Minister will consider and determine the appeals against the Council's granting of the consents.

The Premier of the Western Cape reaffirms the Provincial Government's commitment to ensuring that the City's complex and interrelated applications for land use planning and environmental permission relating to the proposed Stadium and Urban Park on Green Point Common, are dealt with lawfully and as expeditiously as possible. Following the meeting of the legal teams and on advice from the Minister's legal team, this course of action agreed to constitutes the most legally responsible way forward.

Issued by:

Shado Twala
Spokesperson
Office of the Premier of the Western Cape
Tel: 021 483 3528
Fax: 021 483 3921
Cell: 083 640 6771
Email: stwala@pgwc.gov.za
http://www.capegateway.gov.za/premier