The developers behind the planned data centres near Cape Town International Airport have responded to objectors, arguing they misunderstand municipal planning law. Planning Partners, acting on behalf of King Air Industria and Equinix, submitted a 91-page response to the appeal, which was obtained via a Paia request. The response reveals Equinix's involvement in the project, centred on a long-term commercial lease and infrastructure funding arrangement. Equinix's legal counsel advised the company not to proceed with investments unless the City of Cape Town provided explicit statutory certainty that data centres are legally permitted under municipal zoning rules.
The City of Cape Town amended its Municipal Planning By-law to explicitly include "data centre" under the definition of a warehouse. This amendment, passed by Council on 26 June 2026, came into full operation on 1 October 2026. The change allows data centres to be considered a primary permitted right across all General Industry and Mixed Use properties city-wide. This development has raised questions about the city's approach to regulating data centres. According to Planning Partners, the current application merely subdivides, consolidates and rezones land to create a buildable site.
Planning Partners argues that granular operational details, such as building architecture and noise propagation, belong strictly to the subsequent Site Development Plan and Building Plan stages. However, objectors, including the Legal Resources Centre and Foxglove, have expressed concerns about the impact of data centres on critical resources. Daniel Hartford, the South African lead for Foxglove, noted that Equinix's South Africa MD previously stated that there was a "misnomer" in the public perception of data centres' consumption of critical resources.
The City of Cape Town has demonstrated a willingness to accommodate data centre investments, including accepting R33.3-million in Shared Network Charges from Equinix. The executive mayor signed off on the underlying land swap in May 2026. The City has already approved five data centres across the metro, with two more under assessment. This has led to concerns that the city is prioritizing investor interests over public concerns.
The development has sparked debate about the city's approach to regulating data centres. While the city aims to establish itself as Africa's premier digital hub, some argue that this goal should not come at the expense of transparency and public participation. The city's decision to handle the appeal hearing behind closed doors has raised questions about its commitment to openness.
Equinix's involvement in the project has been confirmed, despite initial denials. The company's response to Foxglove's appeal reveals that it is indeed behind the planning application. This has led to concerns about the company's influence on the city's planning decisions.
The controversy surrounding the data centre development highlights the need for clear regulations and transparent decision-making processes. As the city continues to attract hyperscale tech investments, it must balance investor interests with public concerns and ensure that its planning decisions are fair and accountable.
Key points
- The City of Cape Town amended its Municipal Planning By-law to include data centres as a primary permitted right.
- Equinix's involvement in the project has been confirmed despite initial denials.
- The development has sparked debate about the city's approach to regulating data centres and balancing investor interests with public concerns.
