PROVINCIAL LEGISLATION ON
LAND USE MANAGEMENT
GAUTENG AND NORTH WEST
PROVINCES
Research Findings
Gauteng and North West
Purpose of Study
• To provide an overview of land use/planning
legislation in Gauteng and North West
• To review the state of the present provincial
legislation to understand land use laws and
procedures in practice
- Law reform processes since the advent of democracy
- Institutional responsibilities
- Decision making structures and processes, and
- The performance of provincial and municipal laws
• To draw conclusions and see how these might
influence new provincial legislation
Gauteng and North West
Study Approach
The approach included:
–
–
–
–
A literature review
A review of the main laws
Interviews with provincial and municipal officials
Interviews with consultants
The focus was on:
–
–
–
–
–
identifying the applicable laws
Understanding what works well
What does not work well
What changes to provincial and national laws are needed
Obtain data to assess the quantitative aspects of the system
Gauteng and North West
Gauteng Study Area
Gauteng Province
3 Metro Municipalities, 3 District Municipalities (9 Local Municipalities)
Gauteng and North West
Gauteng: Main Laws
The main laws include the following:
• Transvaal Ordinance, 1965
• Transvaal Ordinance, 1986, and Town Planning Schemes
• Division of Land Ordinance,1986
• Gauteng Removal of Restrictions Act,1996
• Less Formal Township Establishment Act,1991
• Black Administration Act, 1927
• Development Facilitation Act, 1995
• Municipal Systems Act, 2000
• Registration of Agricultural Holdings (Transvaal) Act,1919
• Gauteng Transport Infrastructure Act, 2001
• Advertising on Roads and Ribbon Development Act, 1940
Gauteng and North West
Gauteng: Key Findings
What works relatively well
• The new Ordinance and the town planning scheme system
• The alignment of the new Ordinance system to existing municipal
and provincial structures
• The Municipal Systems Act and the related spatial development
frameworks
• The DFA and its innovations
Gauteng and North West
Gauteng: Key Findings
What does not work well (1)
•
The match with Constitutional mandates for provincial and municipal
planning with the province having an executive and oversight function in
respect of municipal planning.
•
The fragmented, complex, and diverse application of planning laws that is
not conducive to effective land use decision making and management
•
Delays in obtaining responses and in decision making
•
The mismatch between capacity and legal requirements at provincial and
municipal level
•
The legacy of historical applications and approvals in the system (eg old
Ordinance applications, Physical Planning Act permissions, incomplete
townships, etc)
Gauteng and North West
Gauteng: Key Findings
What does not work well (2)
• The dispersed information on land use matters
• The decline in experienced planning staff and knowledgeable
leaders
• The exclusion of traditional leaders and tribal land matters from the
current dominant system
• Unrealistic expectations in the spatial development frameworks
• Negative consequences for investment and transfer of ownership
Gauteng and North West
Gauteng: Key Findings
Numbers of applications:
•
Large volumes of municipal decisions in terms of Ordinance, town planning
schemes, Removal of Restrictions (eg Johannesburg 142 townships in
2010)
•
Provincial government deals with appeals (200 applications), Old Ordinance
(500), Less Formal (44), Black Communities (62), DFA (40), R293, Roads
and Ribbon, and certain special aspects in the new Ordinance
•
Other than DFA, processes are generally slow, taking in excess of a year to
finalise
Gauteng and North West
North West Study Area
North West Province and District Municipalities
4.District Municipalities, 21 Local Municipalities,
Gauteng and North West
North West Overview of Land Use
Legislation
The main laws include the following:
• Transvaal Ordinance, 1986, and town planning schemes
• Cape Land Use Planning Ordinance,1985, and zoning schemes
• Division of Land Ordinance,1986
• Removal of Restrictions Act,1967
• Physical Planning, 1967
• Development Facilitation Act, 1995
• Municipal Systems Act, 2000
• Registration of Agricultural Holdings (Transvaal) Act,1919
• Advertising on Roads and Ribbon Development Act, 1940
Gauteng and North West
North West: Key Findings
What works relatively well
•
New Ordinance applicable in former Transvaal
•
LUPO applicable in former Cape
•
The new Ordinance, LUPO and the town planning and zoning scheme
system
•
Township Board/Planning Advisory Board
•
The alignment of the Ordinance system to existing municipal and provincial
structures
•
The Municipal Systems Act and the related spatial development frameworks
•
The DFA and its innovations
Gauteng and North West
North West: Key Findings
What does not work well (1)
•
The match with Constitutional mandates for provincial and municipal planning with
the province having an executive and oversight function in respect of municipal
planning.
•
Suspension of R293 and R188 in 1998 applicable to tribal areas with leaving DFA
sole formal option
•
The fragmented, complex, and diverse application of planning laws that is not
conducive to effective land use decision making and management
•
The DFA Board
•
The limited capacity at the DFA Board and the Department of Local Government and
Traditional Affairs (Sub Directorate of Spatial Planning and Land Use Management)
•
Extensive rural municipalities and the mismatch between capacity and legal
requirements at provincial and municipal level
Gauteng and North West
North West: Key Findings
What does not work well (2)
•
Delays in obtaining responses and in decision making
•
The legacy of historical applications and approvals in the system (eg old
Ordinance applications, Cape/Transvaal/Bophuthatswana permissions,
incomplete townships, etc)
•
The dispersed information on land use matters
•
The decline in experienced planning staff and knowledgeable leaders
•
The exclusion of traditional leaders and tribal land matters from the current
dominant system
•
Unrealistic expectations in the spatial development frameworks
•
Negative consequences for investment and transfer of ownership
Gauteng and North West
North West: Key Findings
Numbers of applications
• Fairly large volumes of municipal decisions in terms of Ordinances
and town planning schemes (eg Tlokwe 16 townships and 56
rezonings in 2010)
• Provincial government deals with appeals (18), Old Ordinance
(unknown), Townships (9), DFA (9), Physical Planning Act (11).
• Processes are generally slow, taking in excess of a year to finalise
Gauteng and North West
Revision to Provincial Legislation
Recent Law Reforms
Gauteng
•
New Gauteng Laws (ROR and Infrastructure Act)
•
Gauteng Planning and Development Act 2003
•
Alignment of Town Planning Schemes by Municipalities
•
Municipal Systems Act 2000
•
Gauteng Planning and Development Bill 2011 and Land Use Management
Regulations
North West
•
North West Land Use Management Bill and Land Use Management
Regulations
•
Alignment of Town Planning Schemes by Municipalities
Gauteng and North West
Matters Pertinent New Provincial
Laws
• Clarification of Roles and Functions of Different Spheres of
Government
• Define Provincial Planning Functions
–
–
–
–
–
–
Coordination
Standards
Alignment
Custodian of Information
Monitoring of Change
Appeal Function
• Audit of Existing Information and Institutional Capacity
• Comprehensive Revision and Alignment of Laws Guided by National
Framework Law
• Repeal of Non-aligned Laws
• Phased Upgrading of Laws Without Compromising System
Gauteng and North West