The Scheme in Operation

GOVAN MBEKI LAND USE SCHEME, 2010

Traditional T.P. SchemeLand use rights are

contained on the Scheme Map, which shows the zonings

Land Use rights are indicated by the zoning of a property i.e Res. 1

Thus, if a property is zoned Res. 1, it has the primary rights for a “Dwelling House”

The Zoning Certificate will state the zoning of the property.

New L.U. SchemeAll Land Use Rights are

contained in a databaseA Land Use Rights

Certificate is extracted from the database and indicates all land use rights and other restrictions.

TP SchemeZoning is used to

indicate the existing land use rights on a property

LU SchemeZones are used to

indicate the desirable future development of an area

TP SchemeCertain land uses are

secondary uses in zonesSecondary uses are

regarded as compatible subject to certain conditions

Application is done in terms of the Scheme for consent uses

LU SchemeLand uses in zones are

grouped as permitted and discretionary.

Permitted uses are regarded as compatible in the zone.

Discretionary uses are regarded as compatible subject to certain conditions.

All applications for land uses are done in terms of the Scheme

TP SchemeThe zoning also

specifies “prohibited uses”, meaning uses that may not be applied for in that zoning.

LU SchemeThe zone also

specifies “prohibited uses” that are regarded as being incompatible in that zone or area

TP SchemeApplicant must

“rezone” his/her property when he/she wants rights not catered for in the current zoning

Thus, he/she obtains new land use rights

Takes place continuously

LU SchemeApplicant must “rezone”

his/her property when he/she wants to apply for land use rights that are prohibited in that zone

Thus, he/she obtains a new zone wherein the required land use rights is either permitted or discretionary, and he/she may apply therefore.

Will not happen so often

Section 56 of the Ordinance contemplates the “… amendment of the Scheme…”

All legal existing land use rights continue in full force and are incorporated into the Scheme

Mistakes or oversights made in the recording of existing rights shall be rectified by proclamation

Land owners must register land use rights obtained via other legislation (DFA) on RegLUR

All applications submitted before the Scheme proclamation shall be finalised as if the Scheme was not proclaimed, subject:Decided and proclaimed within 12 months, andNot in conflict with the Scheme

Should application not be decided and proclaimed within 12 months the application will lapse.

Municipality may extent the period for another 12 months only, on good cause shown.

On proclamation, the Scheme replaces all existing TP Schemes in operation

The Physical Planning Act (88 of 1967) is not applicable on land in a Scheme area and will therefore no longer apply in the Municipality. (3.3)

All other legislation remains in force and application, being:DFA (67 of 1995) – subject to Supreme

Court judgementAct 70 of 1970Removal of Restrictions (84 of 1967)Ordinance 20 of 1986Ribbon Development Act (21 of 1940)Act 113 and 112 of 1991Ordinance 17 of 1939

See Table V, chapter 11, for comprehensive parking and loading requirements.

Where the existing land use rights are for a dwelling house, two dwelling houses may be erected on the property subject to the bulk regulations in terms of the Scheme and subject to the approval of a Site Development Plan and the payment of a service contribution.

A Site Development Plan shall be submitted for every development other than a single dwelling house on a property.

The Municipality may demand that the Site Development Plan be submitted in support of the application for the required rights to be considered with the consideration of the application for rights.

The Municipality may accept a draft Site Development Plan in support of an application to be considered with the application.

When a development contains proposals that deviates from the zone regulations the applicant must apply for a rezoning.

However, minor deviations may be allowed by applying for and granting a variance.

A variance may be allowed where:Impact of development is not significantly

different than that foreseen in the zone, andOnce-off deviation and would not lead to

further, andStill consistent with SDF objectives and

strategies.

Should an application be refused, no similar application may be submitted within a 2 year period,

Unless the applicant can demonstrate that circumstances have changed so that the application may be approved.

When the Scheme (or SDF) is amended, applications shall be decided as if the amendment did not take place, unless:The amendment specifically prohibits the

applicationThe development will defeat the SDF objectivesThe application was submitted more than 12

months previous to the amendment.Then, the application shall be decided in

terms of the amended Scheme/SDF, subject thereto the applicant has had fair notification of the amendment and his comments have been fairly and procedurally considered.

Where objections have been submitted against an application, the Municipality shall hold a hearing.

The Municipality may hold a hearing on any application before deciding the application.