Residents cry foul over film by-laws
‘Changes will destroy the area, trample our rights’
THE CITY’S plan to amend two of its by-laws to regulate filming in the city has been slammed by Constantia residents for “commercialising” the neighbourhood. In a submission to the city, the Constantia Ratepayers’ and Residents’ Association (CRRA) said giving filming rights to single residential properties would destroy the area and trample on the rights of residents.
But the Commercial Producers Association of South Africa (CPASA) said there was a misunderstanding the amendments would give the film industry more leeway.
The council is reaching the final stages of making amendments to its Filming and Municipal Planning by-laws with another public comment period closing tomorrow.
According to amendments to its Municipal Planning By-Law, filming will be granted full land use rights on public and private property, instead of the “occasional” use which it currently enjoys.
The council also plans to repeal its Filming By-Law of 2005 in favour of a new by-law that will regulate filming activity on all properties.
Included in the proposed amendments is permission for filming to take place on private property for five days per month, limited to 7am and 8pm on weekdays and 8pm and 1pm on Saturdays.
Filming crews will have to be limited to 15 people, with not more than three vehicles to be parked on site.
“There will be an overall change in character and filming will affect the residential environment,” said CRRA manager John Hesom.
But Rudi Riek, a consultant for CPASA and the chairman of the South African Association of Stills Photography Producers (SAASP), said the new regulations were more stringent than those in place.
Fines and even jail time were proposed for those who did not comply.
“It’s not opening doors to us to say do whatever you want,” he said.
Riek said the city had to perform a tight balancing act between an industry that employs 25000 people and generates an income of between R5billion and R6bn a year, while protecting the rights of residents to privacy and peace in their neighbourhoods.
“No residential home will be used so much as to consider it a business.
“Film shoots will only be allowed if the surrounding residents agree to it.
“There will still be consultation with neighbours and an adjudicator to deal with complaints. It will be a lot fairer going forward,” said Riek.
But Hesom said the by-laws did not make provision for the enforcement of fines.
For micro shoots with eight or less crew, using between one and three vehicles and where filming will only take place for a day, it will not be necessary to inform the occupiers of adjacent properties.
Riek said the film industry was one of a few showing positive growth, supporting not only those who worked in it, but about 2 500 suppliers in the city including hotels, car hire and security companies.
“All of us in the industry want to work together with residents to make it work for everyone,” he said.