Northern Cape Province Provincial Land Use Legislative Reform RESEARCH FINDINGS 26 July 2011...
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Northern Cape Province Provincial Land Use Legislative Reform RESEARCH FINDINGS 26 July 2011 Bloemfontein
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Transcript of Northern Cape Province Provincial Land Use Legislative Reform RESEARCH FINDINGS 26 July 2011...
Northern Cape Province
Provincial Land Use Legislative Reform
RESEARCH FINDINGS
26 July 2011Bloemfontein
Northern Cape Province
STUDY AREA
5 district municipalities and 27 local municipalities Source: Demarcation Board
Northern Cape Province
PURPOSE OF STUDY
To provide an overview of land use / planning legislation in the Northern Cape
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 on the status of current land use legislation and see how these might inform new provincial legislation.
Northern Cape Province
STUDY APPROACH
Literature review
Interviews with officials NC Cooperative Governance and Traditional Affairs Sol Plaatje Municipality
Focus of interviews What works well in law? (planning and other related legislation) What does not work so well? What needs to be changed and what should a new provincial (or national) law focus on? Performance of provincial laws which focused on collection of quantitative data (number of applications and appeals; type of applications etc.)
Northern Cape Province
KEY FINDINGS
Provincial Legislation and relationship to its predecessor
Northern Cape Planning & Development Act, No. 7 of 1998 Land Use Planning Ordinance, No. 15 of 1985
Applicable in so far as schemes approved in terms of LUPO determine what land use is permissible
Other Legislation
Removal of restrictions Act, No. 84 of 1967 Subdivision of Agricultural Land, No. 70 of 1970 National Environmental Management Act, No. 107 of 1998 Heritage Resources Act, No. 25 of 1999 Municipal Systems Act, No. 32 of 2000 Mineral and Petroleum Resources Development Act, No. 28 of 2002
Northern Cape Province
Institutional Land use applications: applications submitted and final decision made at municipal level.
Applications made in conjunction with other legislation (e.g RoR): decisions made by Provincial Government upon a recommendation of a municipality.
Appeals: submitted and decided by the appeals tribunal.
KEY FINDINGS (CONTINUED)
Northern Cape Province
KEY FINDINGS (CONTINUED): STAKEHOLDER VIEWS
What works well
Provision and Guidelines for Preparation of Spatial Development Frameworks Preparation of Land Use Management Schemes Clear Land Use Application Processes and Applications made in conjunction with other
Legislation e.g Removal of Restrictions
What does not work so well
Appointment of(a) Planning and Development Commission; and(b) Forum for Co-operative Planning and Development
What needs to be changed
Alignment with other Legislation Relationship with the Development Facilitation Act
Northern Cape Province
OVERVIEW OF IMPLICATIONS FOR PROVINCIAL LEGISLATION
Low cost housing land use applications are processed and approved in terms of the Act and associated zoning schemes.
One of the decision making criterion in terms of the Northern Cape PDA includes consistency with provincial and municipal SDFs.
New legislation should provide clear guidance as to how land use approval processes relate to other legislation such as NEMA e.g. what decision comes first.
• Relationship of a new legislation and its predecessors should be clarified and interim measures adopted to avoid vacuum in land use management.
There is a need to understand ways in which the new legislation can move away from reliance on the DFA. Record keeping seems to be a problem with far reaching implications and should be considered in the new legislation.
Although timeframes are very clear in the act, in practice applications are finalised over longer times. Compliance to the law from all aspects should considered.
New law should consider professionalisation of planning within a context where small municipalities do not have planners.
New law should give consideration to governing (a) the question if penalties in terms of land use contraventions and (b) the use of sub-surface and air rights.
