MINIMUM OPERATIONAL REQUIREMENTS
FOR PROCESSING TOWNSHIP
ESTABLISHMENTS ito THE LESS FORMAL
TOWNSHIP ESTABLISHMENT ACT (LFTEA),
ACT 113 OF 1991
UPDATED
AUGUST 2006
CONTENT
1.
Problem statement
2.
Methodology
3.
Purpose
4.
Minimum operational requirements
4.1
Planning process
4.2
Public consultation process
4.3
Consultant’s brief
4.4
Standard conditions / requirements
4.5
Model recommendation
5.
Area of application
6.
Implementation date
1.
Problem statement
The application of LFTEA to provide a shortened procedure for township establishment
has created numerous operational and land use management problems for the City
specifically after the formal designation of the land for less formal township development.
Examples of such problems are the lack of a land use management system and
supporting legislation as well as the non existence of approved street names and numbers
for the levying of rates and taxes. The last mentioned has a negative impact on Council’s
ability to collect rates and taxes as expressed by the Multi Disciplinary Debt Management
Task Team.
The Land Use Planning Ordinance (LUPO), No.15 of 1985, as the provincial applicable
land use management legislation that regulate land use have build in procedures that can
overcome these problems. LFTEA has no such procedures and is silent on it. Adding to
this problem, the City is not the decision making authority in terms of LFTEA and only
empowered to provide the relevant provincial Minister (the Minister) with comments prior to
the designation of land for less formal township establishment.
The Minister then
approves and proclaims the designation of the land in terms of Section 3 of LFTEA for less
formal township establishment subject to conditions he/she might consider appropriate.
The detail township layout and services designs commence and PGWC endorses the final
plan of subdivision. General Plans are drawn up by a land surveyor and submitted to the
Deeds office upon which a township register is opened, services constructed, beneficiaries
located to their new homes and at some later stage are these properties officially
transferred to the beneficiaries.
Nowhere in this process provision is made for a
procedure whereby the “developer’ must proof that conditions and/or requirements of
approval have been complied with.
This is also considered problem for which a
procedure should be developed.
Further to this the City has no uniform or standard approach in assessing the planning
process, public consultation, commenting on the designation and proposing conditions for
applications in terms of LFTEA. Some planning districts do require from the ‘developer’
that street names and numbers be approved and that the Minister should declare LUPO
applicable to the designated land.
This happens only on an ad hoc basis and it is
therefore considered critical that a consistent and uniform approach be developed and
agreed with PGWC, as the competent administration, to ensure that future LFTEA
developments are better managed from a land use management and rates and taxes
collection perspective.
2.
Methodology followed during the development of the minimum operational
requirements
As argued in the above problem statement, the applicable legislation does not make
provision for a procedure to ensure that conditions and requirements are complied with
prior to registration of a new township. Council will therefore have to develop its own set
of standard requirements and agree those with PGWC which is the competent
administration advising the Minister. It should be noted that PGWC has already agreed
that the City can submit a set of minimum operational requirements which they will
consider and endorse to apply for LFTEA developments. The further advantage of this
approach is that it would provide more certainty to the Project Manager and relevant
officials on the process and its minimum requirements and will therefore speed up the
assessment and approval processes.
Four critical areas of importance in the township establishment procedure have been
identified for which minimum operational requirements should be developed and agreed
with PGWC. These are :
•
The planning process required prior to detail layout and services designs
commence;
•
Public consultation process;
•
The minimum responsibilities to be included in the consultants briefs; and
•
The standard conditions / requirements to apply which are sub-categorised in
‘condition for the designation of land’, ‘decision by the Minister’ and ‘requirements
prior to PGWC endorsement of the plan of subdivision’.
Of critical importance :
The successful application of these standard requirements should become the
responsibility of Council’s appointed internal project manager supported by
officials from the relevant service departments. They must ensure compliance with
these minimum operational requirements. The appointed consultants should also
be informed that payments will only be supported and released subject to their
performance wrt these standard requirements.
3.
Purpose of the minimum operational requirements
To provide specific minimum operational requirements to be complied with when planning,
advertising, appointing consultants to facilitate new public housing developments as well
as commenting and proposing conditions to PGWC for township establishment in terms of
LFTEA in order to ensure a uniform approach and shortened assessment and approval
processes.
4.
Minimum operational requirements
The following list is the minimum operational requirements that Council’s project manager
and supporting officials from the services departments must adhere to wrt LFTEA
applications. Each proposal should however still be considered on its own merits and
additional requirements might be required. It is also advised that the Handbook : Model
Planning & Development Conditions be consulted when considering and drafting
conditions.
4.1
Planning process:
The following requirements will have to be considered from the stage of identifying land to
be made available ito LFTEA prior to the detail designs stage. Relevant Council officials
should be responsible to advise on compliance with or consistency ruling on higher order
planning and/or required amendments to such plans. It is advised that this process first
be completed prior to land being made available. The purpose of amending these plans
as well as the further process of developing a framework- or local spatial plans and
services standards, is to ensure proper integration of the development into the surrounding
environments and infrastructure.
These requirements are :
•
It is essential that with any proposed new development and/or when considering
land to be made available for less formal township establishment, all relevant
statutory higher order spatial planning and land use management policies be taken
into consideration and officially amended if departed from;
•
In the event that it might be considered that a development proposal are in conflict
with higher order spatial planning guidelines, either a consistency ruling will have to
be obtained or such plan officially amended as part of the public participation
process;
•
It will be required that all LFTEA developments that will result in the establishment
of more that 100 erven must be preceded by a Development framework- or spatial
planning process which must address planning issues such as: integration into
surrounding environment, physical development constraints and opportunities,
density provisions, urban design principles, services availability, environmental- and
heritage resources, services infrastructure provision standards; and
•
Services infrastructure and engineering standards must be developed and aligned
with Council’s standard requirements for such developments prior to layout designs
commence to ensure the most cost effective township layout designs.
4.2
Public consultation process:
In terms of the provisions of Section 3(1) of LFTEA, the Minister is only required to notify
the local authority of his/her intention to designate land for less formal township
establishment. The local authority then has a period of 21 days form date of the notice to
comment on such proposal.
This process is not considered procedurally fair
administrative action as contemplated in terms of the provisions of the Promotion of
Administrative Justice Act, No. 3 of 2000 and the Municipal Systems Act. To improve
LFTEA`s public consultation process, it is considered appropriate that the following
minimum procedural requirements be followed for the designation of land for less formal
township establishment :
•
All notifications of the intention of the Minister in terms of Section 3 of LFTEA for the
designation of land for less formal township establishment must be advertised in the
local newspapers in which Council places its notices. The time period allowed for
comments must be 30 days;
•
Notice of the intention must also at the same time be served on all abutting property
owners as identified by the district planner.
The maximum time period to be
allowed for comments must be 30 days from the date of the notice;
•
It should be noted that Council will cause the advertising of the intention of the
Minister to designate land as an agent function.
•
Councils official comments as well as the comments received during the public
consultation process, must be forwarded to PGWC within 90 days from the date
Council has received the notification of this intention to designate land for less
formal township establishment.
4.3
Consultant’s brief:
4.3.1 Minimum responsibilities of the Town planner : (co-ordinating and/or detail
layout planner whichever applies)
•
•
•
•
•
•
•
•
•
•
•
•
•
Development of the Framework- or spatial plan
Public participation process
See to the designation of land ito Section 3(1) of LFTEA
Facilitating the planning process in the development-EIA & HIA referred to subconsultants
Preparation of design concepts wrt urban design, top structures if applicable
(inclusive of standards of material) and most cost effective service provision
Detail layout designs
Phasing plans if applicable
Co-ordinate inputs from internal / external departments
Removal of restrictive conditions
Obtain approval of final plan of subdivision
Approval of street naming and numbering before final plan of subdivision is
submitted to PGWC for approval
Site development- and building plans for each residential property to be submitted
for record purposes
All plans to be in electronic format as per Council’s requirements
4.3.2 Minimum responsibilities of the Consulting engineer : (co-ordinating and/or
detail design engineer whichever applies)
•
•
•
•
•
•
Planning and designing of all services infrastructure in terms of the agreed services
infrastructure provision standards (including those standard services requirements
as set out in the Handbook : Model Planning and Development Conditions where
applicable) and master planning for the area.
Submission of all services plans for approval in accordance with Council’s standard
requirements.
Ensure services are constructed in accordance with approved services plans
Submission of all as build services plans in accordance with Council’s standard
requirements.
Ensuring that all street names and numbers are correctly placed as approved.
The co-ordination of design parameters to ensure safe and cost effective design
and layout.
4.3.3 Minimum responsibilities of the Land surveyor : (co-ordinating and/or land
surveyor per phase whichever applies)
•
•
•
•
Preparation of General plans as required in Section 5 of LFTEA as well as all other
required surveying work including servitudes
Submission of and electronic copy of all the relevant steps of the Plan of subdivision
until its approval by PGWC. This must be provided prior to submission to the SG
office.
Submission of an electronic copy of the provisional and final approved General
plans to the Town Planning GIS Section at the agreed time.
Electronic copies of all plans to comply with Council’s GIS Data Capture Essential
Requirements.
4.3.4 Minimum responsibilities of the Transfer attorney / Conveyancer :
•
•
Perform all conveyance requirements as stipulated in Section 9 of LFTEA
Ensure that no first transfers of any property in LFTEA township establishments are
given prior to obtaining a clearance certificate from both the District engineer and –
planner clearly certifying that all the requirements and conditions have been
complied with.
4.4
Standard conditions:
The following needs to be included in the comments to PGWC :
4.4.1 Standard conditions to be imposed during the designation of land
•
That the developer has to ensure and proof that the detail layout designs complies
with the guidelines and development standards of the approved Development
framework- or spatial plan and no final Plan of subdivision may be submitted to the
PGWC to be endorsed without the written certification from the District planner that
such plan(s) complies with the provision of the approved higher order plans.
•
That the developer has to ensure and proof that all service infrastructure designs
and construction complies with the provisions in the agreed services infrastructure
and engineering standards prior to approval of engineering services plans and
handing over of completed services to the Council.
•
That the procedure for less formal township establishment ito LFTEA must comply
with the minimum operational requirements for such developments as agreed
between the PGWC and Council.
4.4.2 Decision by the Minister when designating land
•
That the Minister declare in terms of Section (6)(a) of LFTEA that the provisions of
the Land Use Planning Ordinance, No. 15 of 1985 (or Act 4 of 84 if the development
is in such an area) be applicable to the designated land after opening of the
township register.
•
That the Minister declare in terms of Section (6)(a) of LFTEA that the provisions of
the National Building Regulations and Building Standards Act, Act 103 of 1977 be
applicable on all the non-residential erven within the designated land after opening
of the township register.
4.4.3 Minimum requirements prior to PGWC endorsement of final Plan of
subdivision
•
That the District planner must endorse the Plan of subdivision and certifies that it
complies with the agreed minimum requirements and guidelines of higher order
planning.
•
That a zoning schedule must be inserted on the final Plan of subdivision clearly
indicating all zonings to be allocated to each newly created portion. All zones to be
allocated must be in accordance with the zoning scheme that applies for that area
and residential erven must be allocated the use zone of Informal Residential Zone
as proclaimed in the Provincial Gazette PN 465/1992.
•
That the approved street names and numbers be allocated and depicted on the final
Plan of subdivision
4.5
Model recommendation to Council’s politicalsStructures
That the Minister as the competent authority be informed that the City of Cape Town
supports and recommend that [insert property description] be designated as land for
less formal township establishment purposes in terms of Section 3 of the Less Formal
Township Establishment Act, Act 113 of 1991, subject to the agreed minimum operational
requirements for such developments and the conditions and further requirements as set
out in the attached Annexure A.
5.
Area of application
The minimum operational requirements apply to all LFTEA township establishments in the
jurisdictional area of the City of Cape Town.
6.
Implementation date
The minimum operational requirements shall apply with immediate effect.