City of Cape Town calls for public comment on Draft Filming By-law

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Cape Town remains a popular location for filming and the City strives to be a film-friendly destination. However, the City has to balance economic activities, such as filming, with the needs of residents who use public spaces. The intention, therefore, is to regulate short-term public nuisances which are linked to filming.

The proposed amendments contained in the Draft Filming By-law of 2016, if approved, will replace the previous Filming By-law of 2005.

Among others, the proposed amendments include the regulation of filming on private property.

A community consultation process is also proposed which is foreseen to be the responsibility of the filming company concerned. Residents of such neighbouring properties would be given the opportunity to seek clarity on the planned film shoot or to submit their objections to the City.

The income from filming on a private property does not accrue to the City, it is to the benefit of the owner of the property.

"It has become necessary to regulate filming on private property due to the number of complaints received from residents who are affected and inconvenienced by frequent filming activity in their neighbourhoods. Some residents feel strongly that certain filming activities, on a neighbouring property, infringes on their rights. The requirement to regulate filming on private property is a trade-off that will allow the City to balance the rights of residents with the needs of the filming industry. The proposals in the By-law will require some operational adjustments to be made by the filming companies," said the City’s Acting Mayoral Committee Member for Tourism, Events and Economic Development, Councillor Xanthea Limberg.

The existing 2005 Filming By-law does not regulate filming on private property, only on City-owned property. Therefore, the City’s Film Permit Office has not been able to have information on all filming activities in the city.

If approved, the Draft Filming By-law of 2016 will ensure that the City has access to better information, to respond to complaints and also enable a clearer understanding of the filming activity in an area.

In addition, as it is proposed that all filming be regulated in the Draft By-law, it has been recommended that the Municipal Planning By-law of 2015 be amended to allow for filming as a land use right in all municipal zones in an effort to reduce the red tape for this important industry. Therefore, the requirement for film companies and property owners to apply for further planning permissions such as an occasional use permit or a temporary departure will be eliminated.

Residents and interested and affected parties may submit their comments and recommendations from today, 22 July 2016, until 31 August 2016.

Proposals may also be submitted at local libraries, subcouncil offices, via e-mail, fax, post or online via the ‘Have Your Say’ option on the City of Cape Town website.