LAND USE PLANNING ACT, 2014 (ACT 3 OF 2014)
DRAFT LAND USE PLANNING REGULATIONS
City of Cape Town Consultant Training
June 2015
Chrizelle Kriel
LUPA AND DRAFT REGULATIONS
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Content
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
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Importance of Spatial Development
Frameworks
Legal Frameworks for Spatial Planning
The legal framework makes provision for Spatial Development
Frameworks (SDF) at all spheres of government National SDF
Coordinate
Provincial SDF
Regional SDF
Integrate
Provincial Regional SDF
Municipal SDF
Align
• District
• Metropolitan
Consistent
• Local
Local SDF
In harmony
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SPLUMA Provides for SDFs that: (S12)
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Guide planning and development decisions
Provide clear and accessible information to the public
Promote predictable land development
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SPLUMA Provides for SDFs that: (S12)
2
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
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Considering SDFs in Decision-making (LUPA S19)
Specifically
provides for
Not in
conflict
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Does not
comply with
and not
consistent
with
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SDFs in LUPA
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
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Type of Municipal Applications to be
Referred to DEADP for Comment
DEADP Comment on Application (LUPA S45)
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
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DEADP Comment on Appeals (LUPA S52)
Municipal Manager may ask Minister to comment on appeal
Municipality must refer appeals ito Section 45 to Minister for comment
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DEADP Comment (LUPA S45 + 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
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Type of Applications where a Provincial
Approval is Needed
National, Provincial and Municipal Planning
Court cases confirmed that municipalities have original powers to
legislate and execute
municipal planning
functions
Right of provincial and national government to regulate and execute
those functional areas allocated to them was also established
National
regional planning and
development
urban and rural
development
national planning
urban and rural
development
provincial planning
Provincial
regional planning and
development
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Land Development affecting National
Interest (SPLUMA S52)
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
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Why a Provincial Approval?
regional planning and
development
urban and rural
development
provincial planning
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
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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
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Provincial Land Development (LUPA S53)
1
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)
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Provincial Land Development Approval (S53)
An owner must apply to the HOD for the approval of land
development if the proposed land development, due toNATURE OR SCALE
OR
CUMULATIVE EFFECT OF
MULTIPLE DEVELOPMENTS
SUBSTANTIAL EFFECT ON....
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LUPA Section 53(1)
SUBSTANTIAL EFFECT ON....
(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
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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).
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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
LUP Regulation10(1)
(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
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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.
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LUP Regulation 10(1)
(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
LUP Regulation 10 (2)
(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
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LUP Regulation 10(1)
(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
LUP Regulation 10 (2)
(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
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LUP Regulation 10 (3)
Pre-identification
R10(1)(a)
Exemption
R10(2)(c)(ii)
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.
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Thank you
Directors’ Contact Details
Comments and/or queries to be submitted to:
Region
Director
Email
Telephone
Region 1:
• City of Cape Town
• West Coast
Zaahir Toefy
Zaahir.Toefy@westerncape.gov.za
(021) 483 2700
Region 2:
• Cape Winelands
• Overberg
Henri Fortuin
Henri.Fortuin@westerncape.gov.za
(021) 483 5842
Region 3:
• Eden
• Central Karoo
Gavin Benjamin
Gavin.Benjamin@westerncape.gov.za
(044) 805 8618
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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: Raudhiyah.Dien@westerncape.gov.za
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