LAND USE PLANNING ACT, 2014 (ACT 3 OF 2014) DRAFT LAND …resource.capetown.gov.za/documentcentre/Documents... · SDFs in LUPA 9 Records of SDFs (LUPA S20) • SDFs to be updated

City of Cape Town Consultant Training

Chrizelle Kriel June 2015

LAND USE PLANNING ACT, 2014 (ACT 3 OF 2014)

DRAFT LAND USE PLANNING REGULATIONS

© Western Cape Government 2012 |

LUPA AND DRAFT REGULATIONS

2 LUPA and Draft LUP Regulations


Content

3

Importance of Spatial Development Frameworks

Type of municipal applications to be referred to DEADP for comment

Type of applications where a provincial approval is required

General Exemptions

LUPA and Draft LUP Regulations

Importance of Spatial Development

Frameworks


Legal Frameworks for Spatial Planning

5

The legal framework makes provision for Spatial Development

Frameworks (SDF) at all spheres of government -

National SDF

Provincial SDF

Regional SDF

Provincial Regional SDF

Municipal SDF

• District

• Metropolitan

• Local

Local SDF


Coordinate

Align

Integrate

Consistent

In harmony


SPLUMA Provides for SDFs that: (S12) 1

6

Guide planning and development decisions

Provide clear and accessible information to the public

Promote predictable land development



SPLUMA Provides for SDFs that: (S12) 2

7

Provide direction for strategic developments, infrastructure investment,

promote efficient, sustainable and planned investments by all sectors

and indicate priority areas for investment in land development

Integrate and give spatial expression to policies and plans

Outline specific arrangements for prioritising, mobilising, sequencing

and implementing public and private infrastructural and land

development investment in priority spatial structuring areas identified in

SDFS



Considering SDFs in Decision-making (LUPA S19)

8


Specifically provides for

Not in conflict

Does not comply with

and not consistent

with


SDFs in LUPA

9

Records of SDFs (LUPA S20)

• SDFs to be updated and accessible to the public

• Show record of deviations and amendments

Basis of assessment (LUPA S49 + S55)

• When municipality or HOD considers and decides on an application -

must have regard to applicable SDFs


Land development categories that require provincial approval (R10)

• Identification and Exemption

Type of Municipal Applications to be

Referred to DEADP for Comment


Municipality must refer for provincial comment:

• a development outside urban edge of approved MSDF

• a rezoning of land zoned for agricultural or conservation purposes

• any development as determined by the municipal manager

• development as prescribed that affects a provincial functional area

• any other category prescribed to support municipality

HOD to submit written comments


DEADP Comment on Application (LUPA S45)


Municipal Manager may ask Minister to comment on appeal

Municipality must refer appeals ito Section 45 to Minister for comment


DEADP Comment on Appeals (LUPA S52)


60 day comment period

May be extended with concurrence of municipality

Municipality may not decide on land use application or appeal

without considering provincial comment

No comment at end of period – municipality can go ahead and take

decision


DEADP Comment (LUPA S45 + S52)

Type of Applications where a Provincial

Approval is Needed


Court cases confirmed that municipalities have original powers to

legislate and execute functions

Right of provincial and national government to regulate and execute

those functional areas allocated to them was also established

National

Provincial


National, Provincial and Municipal Planning

regional planning and

development

urban and rural

development national planning


development

urban and rural

development provincial planning

municipal planning


SPLUMA provides for a Land Development Application to Minister of

Rural Development and Land Reform

Where such an application materially impacts on-

• Matters within functional area of national sphere

• Strategic national policy objectives, principles or priorities

• Land use for purpose which falls within functional area of national

sphere

S52(6) – Before exercise of power, Minister must prescribe set of criteria

• Types, scale and nature

• Measures to guide Municipal Planning Tribunals


Land Development affecting National

Interest (SPLUMA S52)


WCG invoked the right of provincial government to regulate provincial

or regional planning by means of an application and approval

procedure which has to be obtained over and above any decision

that may be required from the municipality (LUPA S53)

Constitution provides long list of concurrent

functional areas

Policy decision to regulate 3 areas

• Provincial planning

• Regional planning

• Agriculture


Why a Provincial Approval?

Extract from concurrent functions:

Agriculture Airports Cultural matters Disaster management Education Environment Health

Housing Nature conservation Public transport Regional Planning Soil Conservation Tourism Urban and rural development


development

urban and rural

development provincial planning


Developer needs both approvals (S53 and R10)

• Land use approval from municipality

• Land development approval from province

Minister may exempt categories of land (S53 and R10)

Decision of HOD (S54 and R10)

Basis of assessment (S55)

• Limited to aspects with provincial or regional or agricultural effect

• Consider SDFs, 5 principles and guidelines (may be)

• Assessment and recommendation by registered planner (S66)

Appeal process to Provincial Minister (S56)

Lapses if requirements are not met within a period of 10 years (S57)


Provincial Land Development (LUPA S53) 1

© Western Cape Government 2012 | 23 LUPA and Draft LUP Regulations

Provincial Land Development Approval (S53)

NATURE OR SCALE

An owner must apply to the HOD for the approval of land

development if the proposed land development, due to-

CUMULATIVE EFFECT OF

MULTIPLE DEVELOPMENTS

OR

SUBSTANTIAL EFFECT ON....


LUPA Section 53(1)


(a) Orderly, coordinated

or harmonious

development of a region

or the Province

(b) General welfare of

the inhabitants of a

region or the Province

(c) Agriculture

SUBSTANTIAL EFFECT ON....


LUPA Section 53(4)


The Provincial Minister may make regulations or, by

notice in the Provincial Gazette, issue guidelines to

provide for categories of land development

contemplated in subsection (1).


LUPA Section 53(1) LUP Regulation10(1)


(a) Orderly, coordinated

or harmonious

development of a region

or the Province

(b) General welfare of

the inhabitants of a

region or the Province

(c) Agriculture

(a) No LUPO approval and

- Listed in Gazette as a

category that requires

approval

(b) Outside the physical

edge of urban area

excluding—

- Protected areas

- Zoned for other uses

and

- Cultivated or irrigated

during the previous 10

years


LUPA Section 53(3)


The Provincial Minister may exempt categories of land

development from requiring approval under subsection (1) in

one or more of the following circumstances:

(a) where the land development complies with the

applicable spatial development frameworks;

(b) where the land development is consistent with other

provincial policy;

(c) to provide for government infrastructure projects; or

(d) where provincial approval was granted in terms of other

legislation.


LUP Regulation 10(1) LUP Regulation 10 (2)





approval


edge of urban area

excluding—

- Protected areas


and



years

(a) Existing Approval:

- BCDA, LFTEA, RAA or

NEMA

(b) Complies with Existing

SDF, and

- Specifically provided for

in SDF

(c) Specifically provided for

in NEW or Amended SDF and


category that is

exempted


LUP Regulation 10(1) LUP Regulation 10 (2)





approval


edge of urban area

excluding—

- Protected areas


and



years

(a) Existing Approval:

- BCDA, LFTEA, RAA or

NEMA

(b) Complies with Existing

SDF, and

- Specifically provided for

in SDF

(c) Specifically provided for

in NEW or Amended SDF and


category that is

exempted


LUP Regulation 10 (3)


Before listing any category of land development in terms

of subregulation (1)(a) or (2)(c)(ii), the Provincial Minister

must publish a notice in the Provincial Gazette—

(a) specifying, through description, a map or any

other appropriate manner, the category of

land development that he or she is proposing

to list; and

(b) inviting interested parties to submit written

comments on the proposal to list the category

within a period specified in the notice.

Pre-identification

R10(1)(a)

Exemption

R10(2)(c)(ii)

Thank you


Directors’ Contact Details

35


Comments and/or queries to be submitted to:

Region Director Email Telephone

Region 1:

• City of Cape Town

• West Coast

Zaahir Toefy [email protected]

(021) 483 2700

Region 2: • Cape Winelands

• Overberg

Henri Fortuin [email protected]

(021) 483 5842

Region 3:

• Eden

• Central Karoo

Gavin Benjamin [email protected]

(044) 805 8618

mailto:[email protected]




Consultant Training


One-day session on the Proposed Standard Draft Bylaw

on Municipal Land Use Planning:

When: 26th June 2015 at 08:00 for 08:30

Where: Franschhoek Town Hall, Stellenbosch Municipality

RSVP: [email protected]
