SPATIAL PLANNING & LAND USE SPATIAL PLANNING & LAND USE MANAGEMENT BILLMANAGEMENT BILL

Human SettlementsHuman SettlementsPortfolio CommitteePortfolio Committee

11 October 201211 October 2012

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Structure of PresentationStructure of Presentation1. Definitions:

1. Land-Use Management; and2. Spatial Planning

2. Rationale for the SPLUMB;3. SPLUMB 2012

1. Objects & Development Principles2. Norms & Standards, and Guidelines3. Spatial Dev. Frameworks & Land-Use Management4. Roles & Responsiblities

4. Impact on Human Settlements

Key DefinitionsKey Definitions• Land Use Management

1. Land used in variety of ways; with competing interests.

2. Appropriate that these interests are planned for mutually-inclusive & integrated manner.

3. Broader objective is to identify & allocate land use that will provide best sustainable benefit.

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Key DefinitionsKey Definitions• Spatial Planning

1. In simplest terms: How space is to be used..

2. Seeks to bring together:1. Policies for development & use of land;

with2. Other key development policies &

programmes

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Rationale for SPLUMBRationale for SPLUMB

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SpaceSpace

EconomyEconomy

EnvironmentEnvironment

Failed to address the segregated and unequal spatial patterns.

Impeded investment in land development, & uncertainty in

land markets.

Imbalance between country’s socio-economic needs, &

environmental conservation.

Plng prior to 1994Plng prior to 1994

Rationale for SPLUMBRationale for SPLUMB• Pre-1994, the South African spatial landscape

system segregated and unequal spatial pattern inherited from apartheid.

• Pattern has remained prevalent in the post apartheid spatial landscape

• Need for integration of policies, land use management processes, hence more efficient human settlements delivery.

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Plng Law & Policy; post-1994Plng Law & Policy; post-1994• DFA, 1995:

– Development Principles– Land Development Objectives– Development Tribunals

• Green Paper on Plng, 1999:– importance of a shared vision as the basis for planning in

the country• Mun. Systems Act, 2000:

– Introduced IDPs as primary plng instrument for municipalities;SDFs to form part of mun. IDPs.

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Dev. Facilitation ActDev. Facilitation Act• Constitutionality of DFA:

1. Municipal planning is the exclusive competence of municipal government;

2. Includes the powers and functions necessary to determine rezoning and township establishment applications

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SPLUMB, 2012SPLUMB, 2012

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OBJECTS OF THE BILL• Provide for a uniform, effective and comprehensive system of

spatial planning and land use management for the Republic• Ensure that the system of spatial planning and land use

management promotes social and economic inclusion• Provide for development principles and norms and standards• Provide for the sustainable and efficient use of land• Provide for cooperative government and intergovernmental

relations amongst the national, provincial and local spheres of government

• Redress the imbalances of the past and to ensure that there is equity in the application of spatial development planning and land use management systems

SPLUMB, 2012SPLUMB, 2012DEVELOPMENT PRINCIPLES•Used to Guide Spatial Planning, Land Use Management and Land Development in terms of this Bill;

•Applied through Spatial Planning Tools i.e. SDF’s and Land Use Schemes and also guide decision making by Tribunals;

•Applied by National / Provincial Governments and Municipalities in developing their SDF’s and Spatial Planning policies.

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SPLUMB, 2012SPLUMB, 2012NORMS AND STANDARDS

• Norms and standards are important in Planning for:•Assessment of needs;•Quality Management.•Examples•Norm – Planning considerations in Rural Areas;•Use and Protection of Agricultural Land;•Standards – Mapping Standards,, etc.

• NB!!–The Bill allows for the Minister of H/Settlements to request prescription of specific Norms & Standards;–eg. Density Guidelines, Inclusionary Hsg

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SPLUMB, 2012SPLUMB, 2012GUIDELINES• The DRDLR preparing guidelines on various

matters to support implementation of the Bill:– Integrated Spatial Planning & Land Use Management– Interim and Transitional Measures– Spatial Development Frameworks– Municipal Land Use Management– Electronic Land Use Management Systems

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SPLUMB, 2012SPLUMB, 2012SPATIAL DEVELOPMENT FRAMEWORKS (SDFs)• All three spheres must prepare SDFs to give effect to

National, Provincial or Municipal Planning respectively

• There must be alignment and consistency between the Frameworks of all spheres

• Provision for the Minister and Premier to see to the preparation of Regional SDFs where required

• SDFs are reviewable every 5 years or less

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SPLUMB, 2012SPLUMB, 2012LAND USE MANAGEMENT• Municipality is responsible for Land Use

Management, via a Land Use Scheme (LUS)• LUS must be consistent with and give effect to

Municipal SDF• All land development applications must be

determined within context of the LUS• An approved and adopted LUS has the force of law

and binds all owners and users of land

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Roles iro SPLUMBRoles iro SPLUMB

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NationalNational

ProvincialProvincial

LocalLocal

• Support & monitor capacity to implement Bill.• Review of Natl Plng law & policies.• Nat’l Norms & Stds.

• Compilation of Prov. SDF.• Monitor compliance by Munic’s.• Review of Prov. Plng law & policies.• Support Munic’s adoption of L/Use Schemes.• Co-ordinate Municipal L/Use Schemes within a

Province.

• Implement spatial plng & land use legislation.• Compilation & Review of IDP, SDF & L/Use

Scheme.• Control regulation of municipal land use.• Support implementation of Prov. (& Regional)

SDFs.

SPLUMB: Impact on Human SPLUMB: Impact on Human SettlementsSettlements

1. Alignment of Human Settlement Programmes with key tenets of the SPLUMB.

a) Legislated platform that ensures a system of spatial planning & land use management;

b) Promotes social and economic inclusion; and c) Redresses spatial inequity and inefficiencies.

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SPLUMB: Impact on Human SPLUMB: Impact on Human SettlementsSettlements

2. Human Settlement Project Alignment with IDPs & SDFs

a) Active participation in Provincial, Regional & Local SDFs.

b) Mapping of human Settlement projects, as part of ALL SDFs – especially relevant where Provincial Dept of H/Sett. (PDHS)acts as developer.

c) Quid-pro-quo: PDHS now has access to series of instruments to determine funding priorities.

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SPLUMB: Impact on Human SPLUMB: Impact on Human SettlementsSettlements

3. Prescribed Norms & Standards

The Minister of Human Settlements may request that minimum technical norms and standards be prescribed to accommodate special circumstances that may exist in a project and/or area,

• Dwelling unit density/ housing typology• Integrated settlements/ Inclusionary housing

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Thank YouThank You