FREE STATE PROVINCE
PREPARING A DRAFT FREE STATE
PROVINCIAL PLANNING AND
DEVELOPMENT BILL
AN OVERIEW
CONTENTS
1. Context
2. Implications of Constitutional Court
judgement on DFA
3. Status Quo in the Free State
4. Process of drafting the Bill
5. Aims of the draft Bill
6. Main features of the Bill
FREE STATE PROVINCE
PURPOSE OF WORKSHOP
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FREE STATE PROVINCE
Inform stakeholders of the draft Bill
Obtain comments and advice
Obtain inputs on implications of implementing the Bill
◦ Municipalities
◦ Consultants
◦ Other stakeholders
CONTEXT
Prior to 1994 the following legislation applied:
 National planning:
◦ Physical Planning Acts, 88 of 1967 and 125 of 1991
◦ Apartheid legislation (e.g. Black Communities Development Act, 4 of
1984)
◦ Removal of Restrictions Act, 84 of 1967 (RoRA)
◦ Less Formal Townships Establishment Act, 113 of 1991 (LFTEA)

No clear national guidelines for
◦ Spatial planning
◦ Land use management
◦ Any requirement for provincial or municipal planning
FREE STATE PROVINCE
1994 SITUATION
NATIONAL PROVINCIAL
SPATIAL
PLANNING
LAND USE
MANAGEMENT
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Physical
Planning Acts
LFTEA
RoRA
BCDA etc.
None
LOCAL
Local structure
plans (not
mandatory), only
some areas
Provincial Town
Town planning
Planning / Townships schemes (only some
Ordinances
areas)
Development Facilitation Act
The DFA was the first national legislation that
 Provided principles for planning
 Required integrated spatial planning at a municipal level
through Land Development Objectives
 Provided a national process for land development
applications
However, the national process was not adopted by all
provinces, and some provinces prepared their own
legislation.
Land use management through DFA or “old order”
legislation
FREE STATE PROVINCE
DEVELOPMENT
FACILITATION ACT
NATIONAL PROVINCIAL
SPATIAL
PLANNING
LAND USE
MANAGEMENT
FREE STATE PROVINCE
Physical
Planning Acts
DFA
Principles
LFTEA
RoRA
DFA
No mandatory plan
PGDS in some
provinces
LOCAL
Land
Development
Objectives
Provincial Planning /
Town planning
Townships
schemes (only some
Ordinances
areas)
DFA
MUNICIPAL PLANNING


The Municipal Systems Act (32 of 2000) laid the
framework for Municipal planning.
The key components (from a urban and regional
planning perspective) are
◦ The Integrated Development Plan (IDP)
◦ The Spatial Development Framework (SDF) and its guidelines
for land use management

FREE STATE PROVINCE
Land use management in terms of provincial Acts or
“old order” legislation
INFLUENCE OF MSA PLANNING
NATIONAL PROVINCIAL
SPATIAL
PLANNING
LAND USE
MANAGEMENT
FREE STATE PROVINCE
Physical
Planning Acts
DFA Principles
LFTEA
RoRA
DFA
No mandatory plan
PGDS in some
provinces
LOCAL
IDP including
(LDOs)
SDF (with land
use guidelines)
Provincial Planning /
Town planning
Townships
schemes (only some
Ordinances
areas)
DFA
IMPACT OF THE DFA JUDGEMENT

Constitutional Court Judgement on DFA, 2010

“Municipal planning” in terms of schedule 5 of the
Constitution incudes decision-making on land
development applications, i.e. it includes land use
management.

Local municipality thus decision-maker of „first instance”
and hence the DFA tribunals set up by Provinces are not
constitutional, nor are the relevant chapters of the DFA

Impacts on Free State where local authorities have not
been responsible for land use management

SPLUMB drafted to provide national legislative
framework to replace DFA
FREE STATE PROVINCE
MUNICIPAL PLANNING

Municipal planning in terms of the DFA
judgement entails
◦ Integrated development planning (IDP)
◦ Spatial development frameworks
◦ Land use management

FREE STATE PROVINCE
These do not occur in isolation but are
closely related and supportive activities
MUNICIPAL PLANNING
IDP
• Vision
• Assessment of
existing level of
development
• Development
priorities
• Development
strategies
• Operational
strategies;
• Disaster
management plans;
• KPI/targets
+
Financial plan / budget
Capital investment
framework
SDF
+
Spatial interpretation of
IDP, vision and
strategies
Includes spatial aspects
of housing, disaster
risk management and
infrastructure planning
IMPLEMENTTATION
Land development
decisions
• Equitable
• Sustainable?
• Efficient
• Sound
administration
LAND USE
MANAGEMENT
SPLUMB
The Spatial Planning and Land Use
Management Bill seeks to provide a single
national framework for spatial planning and
land development.
 Framework legislation, especially
regarding land use management
 Definition of an integrated spatial planning
system
 Principles will replace DFA principles
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SPLUMB OUTLINE
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Definition of Spatial Planning System (Ch. 1 )
Principles (Ch. 2)
Intergovernmental support (Ch. 3)
Spatial planning: National, Provincial and
Municipal (Ch. 4)
Land use management (schemes) (Ch 5)
Land development management (Ch 6)
(tribunals)
General (Ch 7)
SPLUMB
NATIONAL PROVINCIAL
SPATIAL
PLANNING
LAND USE
MANAGEMENT
FREE STATE PROVINCE
National SDF
Regional SDFs
SPLUMA
LOCAL
Provincial SDF
SDF (in line with
MSA)
Provincial Planning
Acts
Municipal zoning
schemes (wall-towall schemes)
STATUS QUO IN FREE STATE

Current land use legislation is old and is not in line with
the Constitution, e.g.
◦ Locus of decision-making
◦ Just administrative action

The existing legislation is fragmented and a single
development may require more than one application
which is not efficient nor does it facilitate development
FREE STATE PROVINCE
STATUS QUO IN FREE STATE
Municipal planning
 Most land use decisions made at Provincial not
municipal level
 As municipalities have not been doing LUM, their
structures, and systems not geared for this mandate
 For historical reasons the IDP and SDF have become
estranged and together with LUM decision-making
divorced from municipality they have lost much of their
power to guide development
FREE STATE PROVINCE
PROCESS OF DRAFTING FS BILL
Inception report as basis of agreement on the process
 Outline of main issues to be addressed in the process
 Stakeholder workshop (15 March) to outline

◦ Need
◦ Process to be followed
◦ Introduce consultants and team
Detailed research on the status quo and issues contained in
issues report
 Various drafts of the bill prepared and work-shopped with
client
 Draft of bill presented to stakeholders for inputs (21 June)
 Draft regulations to be circulated to stakeholders for
comment
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PROCESS OF DRAFTING FS BILL

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Final draft and regulations to be submitted to client
once all stakeholder comments and inputs evaluated
and accommodated.
Final product:
◦ Draft Bill
◦ Draft Regulations
◦ Implementation report

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FREE STATE PROVINCE
Client to submit Bill and regulations through Free State
Legislature
This will include further opportunities for public
comment and refinement
AIMS OF THE FS BILL
The purpose of the Bill is to
 give effect to the Constitutional Court judgement and
SPLUMB,
 create a spatial planning and land use management
system appropriate for the Free State Province.
 promote development through an inclusive rather than
exclusionary approach to both spatial planning and land
use management.
 facilitate development while protecting our
environmental, cultural and community assets.
FREE STATE PROVINCE
AIMS OF THE DRAFT FS BILL
Continued …
provide for a single, uniform Act to guide planning and
development in the Free State
 give effect to the Constitutional requirement for just
administrative action
 ensure efficient management and decision-making in
land development
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FREE STATE PROVINCE
Aim

Provisions
Give effect to the
Constitutional Court
judgement and SPLUMB
Municipalities decision makers
of 1st instance (Sec 32)
 Act based on SPLUMB and
meant to be read with it

Recognise that different
municipalities have different
capacity for LUM – not one
size fits all
 Provincial support and
monitoring


Create spatial planning and
land use management
system appropriate to FS
AIMS AND PROVISIONS
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Aim


Provisions
Inclusionary approach
Provide a single, uniform
Act to guide planning and
development in the Free
State

Requirements for extensive
community consultation in
preparation of SDFs and land
use scheme, and
advertisement of applications

Replace the Ordinance,
RoRA & LFTEA

One enabling Act for all
development
AIMS AND PROVISIONS
FREE STATE PROVINCE
Aims

Provisions
Facilitate development

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Applicant responsible for
complete application
Timeframes for
consideration of application
and appeal for undue delay
Appeals against tribunal
decisions
Clear criteria for decisionmaking
AIMS AND PROVISIONS
FREE STATE PROVINCE
Aims


Provisions
Give effect to the
Constitutional requirement
for just administrative
action

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Municipalities can‟t consider
their own applications
Efficient land use
management system

Interim / back-up system
Appeals
◦ Undue delay
◦ On decisions
◦ PLUT
◦ Premier can prepare schemes
and SDFs on behalf of
municipalities
AIMS AND PROVISIONS
FREE STATE PROVINCE
OUTLINE OF FS BILL
CHAPTER 1: INTRODUCTORY PROVISIONS
 Definitions
 Use of definitions
 Application of the Act
 Purpose of the Act
FREE STATE PROVINCE
OUTLINE OF FS BILL
CHAPTER 2: SPATIAL PLANNING,
DEVELOPMENT AND PROVINCIAL SUPPORT
 Principles, norms and standards
 Provincial support and monitoring
FREE STATE PROVINCE
OUTLINE OF FS BILL
CHAPTER 3: PROVINCIAL, MUNICIPAL AND
REGIONAL SPATIAL DEVELOPMENT
FRAMEWORKS AND MANAGEMENT AREAS
 Provincial Development Frameworks
 Regional Spatial Development Frameworks
 Municipal Spatial Development Framework
 Consultation with Municipalities and traditional
authorities
 Management areas
 Legal effect of Provincial and Regional Spatial
Development Frameworks
FREE STATE PROVINCE
OUTLINE OF FS BILL
CHAPTER 4: LAND USE REGULATION
 Municipal land use regulation
 Establishment of an independent Appeal Tribunal
 Functions and powers of the Appeal Tribunal
 Procedures of the Appeal Tribunal
FREE STATE PROVINCE
OUTLINE OF FS BILL
CHAPTER 5: ESTABLISHMENT OF PLANNING
AND LAND USE TRIBUNAL
 Establishment of an independent Planning and Land Use
Tribunal
 Functions of the Planning and Land Use Tribunal
FREE STATE PROVINCE
OUTLINE OF FS BILL
CHAPTER 6: LAND USE SCHEMES
 Adoption of a land use scheme
 Purpose of a land use scheme
 Form and content of a land use scheme
 Status of a land use scheme
 Conflict with existing land use scheme
 Review of a land use scheme
 Amendment of a land use scheme by a Municipality
FREE STATE PROVINCE
OUTLINE OF FS BILL
CHAPTER 7: DEVELOPMENT AND LAND USE
 Development and use of land
 Categories of land development applications
 Development application procedure
 Combination of applications
 Determination of development applicant
 Development and use of land by a Municipality
 Municipality and authority of first instance
FREE STATE PROVINCE
OUTLINE OF FS BILL
CHAPTER 7: DEVELOPMENT AND LAND USE
continued..
 Comments by objectors and functionaries
 Right of applicant to respond to comments
 Consideration of land development applications by a
Municipality
 Prescribed time periods
 Referral to the Planning and Land Use Tribunal
 Conditions of approval
 Notification of approval
 Appeals
FREE STATE PROVINCE
OUTLINE OF FS BILL
CHAPTER 7: DEVELOPMENT AND LAND USE
continued..
 Change of ownership
 Joint application
 Withdrawal of land development application
 Abandonment of land development application
 Amendment of land development application
 Amendment of the approval of land development application
 Reasons for decisions
 General provisions
FREE STATE PROVINCE
OUTLINE OF FS BILL
CHAPTER 8: PROVISIONS APPLYING EXCLUSIVELY
TO CERTAIN CATEGORY 1 APPLICATIONS
 Establishment of townships, extension of boundaries of
township and
amendment of General plans
 Publication of approval
CHAPTER 9: RECOMMENDATIONS TO
MUNICIPALITIES AND MUNICIPAL COUNCILS
 Recommendation by the Appeal Tribunal
 Recommendation by the Planning and Land Use Tribunal
FREE STATE PROVINCE
OUTLINE OF FS BILL
CHAPTER 10: DEVELOPMENT AND LAND USE BY THE
MUNICIPALITY
 Development and use of land
 Application to the Planning and Land Use Tribunal
 Development application procedure
FREE STATE PROVINCE
OUTLINE OF FS BILL
CHAPTER 11: PLANNING AND LAND USE TRIBUNAL
 Planning and Land Use Tribunal as a body of first instance
 Development applications by a Municipality
 Appeals
 Referral of a development application to the Planning and Land Use
Tribunal
 Prescribed time periods
FREE STATE PROVINCE
OUTLINE OF FS BILL
CHAPTER 12: APPEALS
 Appeal procedure
 Notification of appeal
 Hearing of appeal
 Determination of appeal
 Procedure after appeal
 Reasons
 Form of appeal
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OUTLINE OF FS BILL
CHAPTER 13: ENGINEERING SERVICES AND
DEVELOPMENT CONTRIBUTIONS
 Provision of engineering services
 Development contributions
 Land for parks and open space
 General matters
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OUTLINE OF FS BILL
CHAPTER 14: EXEMPTION AND GENERAL PROVISIONS
 Exemption
 Regulations
 Guidelines
 Decisions
 Condonation
 Delegation
 Application fees
 Offences and penalties
 Provision of information
 Hearings
 Correction of errors
 Transitional arrangements
 Repeal of laws
 Short title and commencement
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DISCUSSION AND QUESTIONS
FOR CLARITY?
FREE STATE PROVINCE
Please send comments and suggestions to:
SFMinnie@ruraldevelopment.gov.za
E-mail subject: FS SPLUM
By 13 JULY 2012
FREE STATE PROVINCE