LUMS AND SCHEMES
PDA MUNICIPAL FORUM
18 MARCH 2011
OFFICIAL DEFINITION OF LUMS
Incorporates the following:
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Spatial development framework
Land use management framework
Planning scheme
Valuation roll
Ownership and land tenure records
Cadastral records
Information on the provisions of services
Transport requirements
Environmental impact and requirements
COMMON UNDERSTANDING OF LUMS
(1)
Maps and clauses (document) consisting of:
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Definitions
Land use policies
Land use districts, management areas or precincts
Zones
• Land use statements of intend
• Permitted land uses
• Consents (different types)
• Prohibited uses
COMMON UNDERSTANDING OF LUMS
(2)
– Development controls
• Density
• Spaces around buildings
• Parking
• Signage
• Removal of indigenous vegetation
• Architectural guidelines
– Recognition of development prior to LUMS
– Single document for the whole area of municipality
– Can be adopted in terms of any law
SCHEME IN TERMS OF THE PDA
(1)
Maps and clauses (document) consisting of:
– Definitions
– Description of area to which it applies
– Land use:
• Permitted land uses and conditions subject to
which they are permitted
• Land uses permitted with consent
– Criteria
– Controls
• Prohibited land uses
SCHEME IN TERMS OF THE PDA
(2)
– Recognition of development prior to scheme
– Exemption of notice in the newspaper for consents
– Areas or zones where the giving of public notice is
required for the subdivision of land
LUMS AND SCHEMES DIFFERENCES
LUMS
SCHEME
– Can be prepared in
terms of any law
– In terms of the PDA
– No legal consequences
until adopted in terms of
a law
– Effect of a law
– Single scheme per
municipality
– Single or scheme or a
number of schemes per
municipality
– Unlimited number of
types of consent
– One type of consent with
limited control over who
must be consulted and
manner of public notice
LEGAL CONSEQUENCES OF USING
A LUMS AS A SCHEME
– = LUMS that is not adopted as a scheme but is used
as if it is a scheme
– Possible explanation:
• Thought LUMS was duly adopted as a scheme
• LUMS originally served only as a guideline
– Examples: Nkwazi, Plessislaer, Paul Pietersburg,
Pomeroy, Utrecht
– Legal status = No rights accrued
– Easy for opposition to get a court declaration that
rights have not accrued
– Potential claim for damages against municipality
WHAT TO DO IF A LUMS WAS NOT DULY
ADOPTED AS A SCHEME BUT WAS USED AS
A SCHEME
• Prepare updated scheme from records,
including unlawful approvals
• Adopt updated scheme in terms of the PDA
GERT ROOS
14th Floor, North Tower
Natalia Building
330 Langalibalele Street
Pietermaritzburg, 3200
Tel: (033) 33 395 2656
Fax: (033) 33 3949 714
E-mail: gert.roos@kzncogta.gov.za
Website: www.kzncogta.gov.za