PRESENTATION TO PARLIAMENTARY PORTFOLIO COMMITTEE 31 JULY 2013

PRESENTATION TO PARLIAMENTARY PORTFOLIO COMMITTEE 31 JULY 2013

MAIN HEADINGS 1. INTRODUCTION TO WCPDF 2. LEGISLATION IN CONTEXT OF SA PROPERTY 3. NEED FOR FACILITATIVE MIND-SET WHEN DRAFTING AND INTERPRETING REGULATIONS 4. INTERPRETATION OF LEGISLATION WITHIN ECONOMIC, SOCIAL AND ENVIRONMENT CONTEXT 5. APPEALS AND MAKING OF DECISIONS 6. CONCLUSION

INTRODUCTION TO WCPDF • Voluntary organisation representing property developers and property practitioners in the Western Cape • Estimated 65% of property activity takes place within City of Cape Town • Engage Province and City on policy and legislation • Highlight conflicts between silos of legislation

LEGISLATION IN CONTEXT OF SA PROPERTY ABSA

NEED FOR FACILITATIVE MIND-SET WHEN DRAFTING AND INTERPRETING REGULATIONS NEED TO HAVE A PRACTICAL UNDERSTANDING OF WHAT INDUSTRIES ARE AFFECTED EVOLUTIONARY OR REVOLUTIONARY APPROACH? EDUCATION OF MARKET VS. INSTRUCTING THE CHANGE AGENT

INTERPRETATION OF LEGISLATION WITHIN CONTEXT THREE LEGS OF TRIPOD: ENVIRONMENT, SOCIETY AND ECONOMY

APPEALS AND MAKING OF DECISIONS APPEAL PROCESS HAS THE POTENTIAL TO PREVENT A DEVELOPMENT – INCREASES UNCERTAINTY APPEAL PROCESS MAY CAUSE AN APPLICATION TO MISS A MARKET CYCLE – 7 YEARS NO COMEBACK AGAINST SPURIOUS OBJECTORS OR PROFESSIONAL OBJECTORS NEED FOR INTERIM CLARIFICATION STRUCTURE

CONCLUSION • GOALS AND VISION OF NEMA ARE CREDIBLE AND ARE SUPPORTED • NEED FOR INCREMENTAL ACHIEVEMENT OF GOALS EVOLUTION RATHER THAN REVOLUTION • NEED FOR CONSISTENT, FACILITATIVE INTERPRETATION • NEED FOR REDUCED TIMELINES – DECISION MAKING PROCESS • NEED FOR ACCOUNTABILITY – OFFICIALS AND SPURIOUS AND PROFESSIONAL OBJECTORS