CONSIDERATIONS FOR SCHEME PREPARATION Presentation to MUNICIPAL PDA FORUM: 19 OCTOBER 2012 Presented by YVONNE OFOSU-KWAKYE: Spatial Planning CONTENTS 1. The Scheme in Municipal Land Use Management 2. What is a Scheme? 3. Some Implications of a Policy-led Scheme 4. What does a Scheme Contain? 5. What Informs a Scheme? 6. Example of an Informant-based Planning Scheme THE SCHEME IN MUNICIPAL LAND USE MANAGEMENT Current SDFs SDFs PROPOSED by the Spatial Planning and Land Use Management Bill (2011) National Spatial Development Perspective (Policy Coordination & Advisory Services Spatial Development Framework of the Provincial Growth and Development Strategy (2011) Spatial Development Framework of municipal Integrated Development Plans NATIONAL SPHERE PROVINCIAL SPHERE National SDFs Regional SDFs of the Presidency, (2007) ‘an indicative planning tool for all spheres of government) Provincial SDFs Municipal SDFs LOCAL SPHERE Land Use Management Framework Land Use Schemes THE SCHEME IN MUNICIPAL LAND USE MANAGEMENT • The scheme is informed by national, provincial and municipal policies (e.g. the IDP and SDF) • Relationship to the IDP – SDF: - The scheme is one of the mechanisms for the implementation of the IDP-SDF - The scheme is one of the statutory mechanisms for the implementation of the IDP-SDF WHAT IS A SCHEME? • A scheme is a tool for implementing spatially based policy-driven change. • It is also a regulatory mechanism by which the preservation and changes to land use occur, and also provides both opportunities and constraints to development. • The scheme proposal thus requires an identified set of informants which would act as the basis for planning at the “town-scale” (used in its broad sense) IN LEGAL TERMS…? • PDA SECTION 3: The purpose of a scheme is to regulate land use and to promote orderly development in accordance with the municipality’s integrated development plan. IN NORMATIVE TERMS…? • The scheme balances the public interest with private interest in line with the policy framework and the preferred spatial logic for the municipality. SOME IMPLICATIONS OF A POLICY-LED SCHEME • A scheme is a mechanism that implements policy - it brings inappropriate, historically-granted rights into line with current policy priorities. • A scheme must promote sustainable development (MSA – Act 32 of 2000). • A scheme is concerned with spatial restructuring: The ultimate purpose of the NSDP in the South African setting is to fundamentally reconfigure apartheid spatial relations… (2006 NSPD page ii). • Consequently, a scheme in the South African setting cannot simply be the reflection of existing land use. WHAT DOES A SCHEME CONTAIN? PDA SECTION 5: • Maps and accompanying clauses (and other provisions) • Defines applicable area • Defines terms in maps and clauses • Specifies land uses and development that may be - permitted; - not permitted and; - permitted with municipality’s permission; • Non-conforming uses WHAT INFORMS A SCHEME? Performance Qualities Sustainability Equitability Densification & Infrastructure Sense of Place Settlement edges Heritage Economic opportunities Public Spaces Future growth Economic Viability Linkages Design WHAT INFORMS A SCHEME?...ctnd FUNDAMENTAL QUESTION: Where should development GO and NOT GO? 1. Needs 2. Informants 3. Constraints 1. Agricultural Town, Service Centre, Industrial Town, determined by socio-economic profile, resource base, etc 2. Informants include environmental studies, heritage studies, economic / social studies, landscape characterisation, etc 3. Constraints would determine where types of land uses can and cannot be located - e.g. topography, slope, floodlines, etc 4. Up-to-date Cadastre 5. Existing Land Uses 6. Impacts and Compatibility of Zones / land uses (gradation of activities) Australian Example of an informant-based Planning Scheme Business 3 Zone Public Park and Recreation Zone Public Use Zone Australian Example of an informant-based Planning Scheme Business 3 Zone with a Special Building Overlay and Design & Development Overlay Public Park and Recreation Zone with Design & Development and Heritage Overlay Public Park and Recreation Zone with City Link Project, Design & Development and Heritage Overlay Public Use Zone with a State Resource Overlay CONCLUSION…. “If it doesn't make sense, it's usually not true.” ― Judy Sheindlin A scheme should be able to pass the test of LOGIC and JUSTIFICATION CONTACT DETAILS Spatial Planning Directorate 2nd Floor, Southern Life Plaza 271 Church Street Pietermaritzburg, 3200 Tel: +27(0) 33 355 6473 E-mail: mandisa.zungu@kzncogta.gov.za Website: www.kzncogta.gov.za