land use planning act, 2014 (act 3 of 2014) draft land...
TRANSCRIPT
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 |
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
© Western Cape Government 2012 |
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
LUPA and Draft LUP Regulations
Coordinate
Align
Integrate
Consistent
In harmony
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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
LUPA and Draft LUP Regulations
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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
LUPA and Draft LUP Regulations
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Considering SDFs in Decision-making (LUPA S19)
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LUPA and Draft LUP Regulations
Specifically provides for
Not in conflict
Does not comply with
and not consistent
with
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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
LUPA and Draft LUP Regulations
Land development categories that require provincial approval (R10)
• Identification and Exemption
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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
15 LUPA and Draft LUP Regulations
DEADP Comment on Application (LUPA S45)
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Municipal Manager may ask Minister to comment on appeal
Municipality must refer appeals ito Section 45 to Minister for comment
16 LUPA and Draft LUP Regulations
DEADP Comment on Appeals (LUPA S52)
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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
17 LUPA and Draft LUP Regulations
DEADP Comment (LUPA S45 + S52)
© Western Cape Government 2012 |
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
19 LUPA and Draft LUP Regulations
National, Provincial and Municipal Planning
regional planning and
development
urban and rural
development national planning
regional planning and
development
urban and rural
development provincial planning
municipal planning
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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
20 LUPA and Draft LUP Regulations
Land Development affecting National
Interest (SPLUMA S52)
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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
21 LUPA and Draft LUP Regulations
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
regional planning and
development
urban and rural
development provincial planning
© Western Cape Government 2012 |
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)
22 LUPA and Draft LUP Regulations
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....
© Western Cape Government 2012 |
LUPA Section 53(1)
24 LUPA and Draft LUP Regulations
(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....
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LUPA Section 53(4)
25 LUPA and Draft LUP Regulations
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).
© Western Cape Government 2012 |
LUPA Section 53(1) LUP Regulation10(1)
26 LUPA and Draft LUP Regulations
(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
© Western Cape Government 2012 |
LUPA Section 53(3)
27 LUPA and Draft LUP Regulations
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.
© Western Cape Government 2012 |
LUP Regulation 10(1) LUP Regulation 10 (2)
28 LUPA and Draft LUP Regulations
(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
(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
- Listed in Gazette as a
category that is
exempted
© Western Cape Government 2012 |
LUP Regulation 10(1) LUP Regulation 10 (2)
29 LUPA and Draft LUP Regulations
(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
(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
- Listed in Gazette as a
category that is
exempted
© Western Cape Government 2012 |
LUP Regulation 10 (3)
30 LUPA and Draft LUP Regulations
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)
© Western Cape Government 2012 |
Directors’ Contact Details
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LUPA and Draft LUP Regulations
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
© Western Cape Government 2012 |
Consultant Training
36 LUPA and Draft LUP Regulations
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]