Fluent Essays

BE VERY KEEN ON INSTRUCTIONS BEFORE YOU START HANDLING THE PAPER and REVIEW VERY KEENLY Order #153807723 Writers choice (10 pages, 0 slides) Type of service: Writing from scratch Work type: Essay (any type) Deadline: (28h) Academic level: College (3-4 years: Junior, Senior) Subject or Discipline: Public Administration Title: Writers choice Number of sources: 2 Provide digital sources used: No Paper format: MLA # of pages: 10 Spacing: Double spaced # of words: 2750 # of slides: ppt icon 0 # of charts: 0 Paper details: The back to basics approach aims to improve planning in South African municipalities. Write well referenced essay on (1) What the back to basics approach is (2) The interrelation of the back to basics approach to the Spatial Planning and Land Use Management Act 16 of 2013 (SPLUMA), (3) The interlinkage of the back to basics approach to the Municipal Systems Act 32 of 2000 and (4) An implementation procedure for the back to basics approach by municipalities. Give examples of where and how the back to basics approach has been applied in South Africa. This essay should be between 3000 and 3500 words. Comments: Discipline: TOWN PLANNING IV # Files Who Uploaded   1 153807723_Spatial_Pl...2013_(booklet)_1.pdf Guidelines for writing 920 KB 17 Sep, 02:25 PM Customer Spatial Planning and Land Use Management Act, 2013 Act No. 16 of 2013: Spatial Planning and Land Use Management Act, 2013 1 Act No. 16 of 2013Spatial Planning and Land Use Management Act, 2013 1 Act No. 16 of 2013Spatial Planning and Land Use Management Act, 2013 Act No. 16 of 2013Spatial Planning and Land Use Management Act, 2013 ACT To provide a framework for spatial planning and land use management in the Republic; to specify the relationship between the spatial planning and the land use management system and other kinds of planning; to provide for the inclusive, developmental, equitable and effi cient spatial planning at the different spheres of government; to provide a framework for the monitoring, coordination and review of the spatial planning and land use management system; to provide a framework for policies, principles, norms and standards for spatial development planning and land use management; to address past spatial and regulatory imbalances; to promote greater consistency and uniformity in the application procedures and decision-making by authorities responsible for land use decisions and development applications; to provide for the establishment, functions and operations of Municipal Planning Tribunals; to provide for the facilitation and enforcement of land use and development measures; and to provide for matters connected therewith. PREAMBLE WHEREAS many people in South Africa continue to live and work in places defined and influenced by past spatial planning and land use laws and practices which were based on— • racial inequality; • segregation; and • unsustainable settlement patterns; AND WHEREAS the continued existence and operation of multiple laws at national and provincial spheres of government in addition to the laws applicable in the previous homelands and self-governing territories have created fragmentation, duplication and unfair discrimination; 2 Act No. 16 of 2013Spatial Planning and Land Use Management Act, 2013 AND WHEREAS parts of our urban and rural areas currently do not have any applicable spatial planning and land use management legislation and are therefore excluded from the benefits of spatial development planning and land use management systems; AND WHEREAS various laws governing land use give rise to uncertainty about the status of municipal spatial planning and land use management systems and procedures and frustrates the achievement of cooperative governance and the promotion of public interest; AND WHEREAS informal and traditional land use development processes are poorly integrated into formal systems of spatial planning and land use management; AND WHEREAS spatial planning is insuffi ciently underpinned and supported by infrastructural investment; AND WHEREAS it is the State’s obligation to realise the constitutional imperatives in— • section 24 of the Constitution, to have the environment protected for the benefit of present and future generations through reasonable legislative and other measures, which include a land use planning system that is protective of the environment; • section 25 of the Constitution, to ensure the protection of property rights including measures designed to foster conditions that enable citizens to gain access to land on an equitable basis; • section 26 of the Constitution, to have the right of access to adequate housing which includes an equitable spatial pattern and sustainable human settlements; and • section 27(1)(b) of the Constitution, to ensure that the State takes reasonable legislative measures, within its available resources, to achieve the progressive realisation of the right to suffi cient food and water; AND WHEREAS the State must respect, protect, promote and fulfil the social, economic and environmental rights of everyone and strive to meet the basic needs of previously disadvantaged communities; 3 Act No. 16 of 2013Spatial Planning and Land Use Management Act, 2013 AND WHEREAS sustainable development of land requires the integration of social, economic and environmental considerations in both forward planning and ongoing land use management to ensure that development of land serves present and future generations; AND WHEREAS regional planning and development, urban and rural development and housing are functional areas of concurrent national and provincial legislative competence; AND WHEREAS provincial planning is within the functional areas of exclusive provincial legislative competence, and municipal planning is primarily the executive function of the local sphere of government; AND WHEREAS municipalities must participate in national and provincial develop ment programmes; AND WHEREAS it is necessary that— • a uniform, recognisable and comprehensive system of spatial planning and land use management be established throughout the Republic to maintain economic unity, equal opportunity and equal access to government services; • the system of spatial planning and land use management promotes social and economic inclusion; • principles, policies, directives and national norms and standards required to achieve important urban, rural, municipal, provincial, regional and national development goals and objectives through spatial planning and land use management be established; and • procedures and institutions to facilitate and promote cooperative government and intergovernmental relations in respect of spatial development planning and land use management systems be developed, BE IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows:— 4 Act No. 16 of 2013Spatial Planning and Land Use Management Act, 2013 ARRANGEMENT OF SECTIONS CHAPTER 1 INTRODUCTORY PROVISIONS Sections 1. Definitions 2. Application of Act 3. Objects of Act 4. Spatial planning system 5. Categories of spatial planning CHAPTER 2 DEVELOPMENT PRINCIPLES AND NORMS AND STANDARDS 6. Application of development principles 7. Development principles 8. Norms and standards CHAPTER 3 INTERGOVERNMENTAL SUPPORT 9. National support and monitoring 10. Provincial support and monitoring 11. Municipal differentiation CHAPTER 4 SPATIAL DEVELOPMENT FRAMEWORKS Part A Preparation of spatial development frameworks 12. Preparation of spatial development frameworks Part B Preparation and content of national spatial development framework 13. National spatial development framework 14. Content of national spatial development framework 5 Act No. 16 of 2013Spatial Planning and Land Use Management Act, 2013 Part C Preparation, content and legal effect of provincial spatial development framework 15. Provincial spatial development framework 16. Content of provincial spatial development framework 17. Legal effect of provincial spatial development framework Part D Preparation and content of regional spatial development framework 18. Regional spatial development framework 19. Content of regional spatial development framework Part E Preparation and content of municipal spatial development framework 20. Preparation of municipal spatial development framework 21. Content of municipal spatial development framework Part F Status of spatial development frameworks 22. Status of spatial development frameworks CHAPTER 5 LAND USE MANAGEMENT 23. Role of executive authority 24. Land use scheme 25. Purpose and content of land use scheme 26. Legal effect of land use scheme 27. Review and monitoring of land use scheme 28. Amendment of land use scheme and rezoning 29. Consultation with other land development authorities 30. Alignment of authorisations 31. Record of amendments to land use scheme 32. Enforcement of land use scheme 6 Act No. 16 of 2013Spatial Planning and Land Use Management Act, 2013 CHAPTER 6 LAND DEVELOPMENT MANAGEMENT Part A Municipal land use planning 33. Municipal land use planning 34. Municipal cooperation Part B Establishment of Municipal Planning Tribunals 35. Establishment of Municipal Planning Tribunals 36. Composition of Municipal Planning Tribunals 37. Term of offi ce of members of Municipal Planning Tribunals 38. Disqualification from membership of Municipal Planning Tribunals 39. Technical and other advisers Part C Processes of Municipal Planning Tribunals 40. Determination of matters before Municipal Planning Tribunals 41. Change with approval of Municipal Planning Tribunal 42. Deciding an application 43. Conditional approval of application 44. Timeframes for applications 45. Parties to land development applications 46. Notification to Surveyor-General and Registrar of Deeds 47. Restrictive conditions 48. Investigations authorised by Municipal Planning Tribunal 49. Provision of engineering services 50. Land for parks, open space and other uses Part D Related Land Development Matters 51. Internal appeals 52. Development application affecting national interest 7 Act No. 16 of 2013Spatial Planning and Land Use Management Act, 2013 CHAPTER 7 GENERAL PROVISIONS 53. Commencement of registration of ownership 54. Regulations 55. Exemptions 56. Delegation 57. Non-impediment of function 58. Offences and penalties 59. Repeal of laws 60. Transitional provisions 61. Short title and commencement Schedule 1: Matters to be addressed in provincial legislation Schedule 2: Scheduled land use purposes Schedule 3: Repeal of laws CHAPTER 1 INTRODUCTORY PROVISIONS Definitions 1. (1) In this Act, unless the context indicates otherwise— “applicant” means a person who makes a land development application contemplated in section 45; “body” means any organisation or entity, whether a juristic person or not, and includes a community association; “competent authority”, in relation to land use, means the authority that is empowered to grant or approve a right to use of land for a specified purpose; “Constitution” means the Constitution of the Republic of South Africa, 1996; “Deeds Registries Act” means the Deeds Registries Act, 1937 (Act No. 47 of 1937); 8 Act No. 16 of 2013Spatial Planning and Land Use Management Act, 2013 “development rights” means any approval granted to a land development application; “diagram” means a diagram as defined in the Land Survey Act, 1997 (Act No. 8 of 1997); “engineering service” means a system for the provision of water, sewerage, electricity, municipal roads, stormwater drainage, gas and solid waste collection and removal required for the purpose of land development referred to in Chapter 6; “environmental legislation” means the National Environmental Management Act, 1998 (Act No. 107 of 1998), and any other legislation that regulates a specific aspect of the environment; “executive authority”, in relation to a municipality, means the executive committee or executive mayor of the municipality or, if the municipality does not have an executive committee or executive mayor, a committee of councillors appointed by the Municipal Council; “Executive Council” means the Executive Council of a province established under section 132 of the Constitution; “existing planning legislation” means any planning and land use legislation existing at the time of commencement of this Act; “external engineering service” means an engineering service situated outside the boundaries of a land area and which is necessary to serve the use and development of the land area; “general plan” means a general plan approved by the Surveyor-General in terms of the Land Survey Act, 1997 (Act No. 8 of 1997); “incremental upgrading of informal areas” means the progressive introduction of administration, management, engineering services and land tenure rights to an area that is established outside existing planning legislation, and may include any settlement or area under traditional tenure; 9 Act No. 16 of 2013Spatial Planning and Land Use Management Act, 2013 “inspector” means a person designated or appointed as an inspector under section 32; “integrated development plan” means a plan adopted in terms of Chapter 5 of the Municipal Systems Act; “Intergovernmental Relations Framework Act” means the Intergovernmental Relations Framework Act, 2005 (Act No. 13 of 2005); “internal engineering service” means an engineering service within the boundaries of a land area which is necessary for the use and development of the land area and which is to be owned and operated by the municipality or service provider; “land” means any erf, agricultural holding or farm portion, and includes any improvement or building on the land and any real right in land; “land development” means the erection of buildings or structures on land, or the change of use of land, including township establishment, the subdivision or consolidation of land or any deviation from the land use or uses permitted in terms of an applicable land use scheme; “land use” means the purpose for which land is or may be used lawfully in terms of a land use scheme, existing scheme or in terms of any other authorisation, permit or consent issued by a competent authority, and includes any conditions related to such land use purposes; “land use management system” means the system of regulating and managing land use and conferring land use rights through the use of schemes and land development procedures; ‘ ‘land use scheme” means the documents referred to in Chapter 5 for the regulation of land use; “MEC” means a member of the Executive Council of a province; “Minister” means the Minister of Rural Development and Land Reform; “municipal area” means the area of jurisdiction of a municipality in terms of the Local Government: Municipal Demarcation Act, 1998 (Act No. 27 of 1998); 10 Act No. 16 of 2013Spatial Planning and Land Use Management Act, 2013 “Municipal Council” means a Municipal Council referred to in section 157 of the Constitution; “Municipal Planning Tribunal” means a Municipal Planning Tribunal referred to in Chapter 6; “Municipal Systems Act” means the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000); “municipality” means the municipality as envisaged in section 155(1) of the Constitution, and for the purposes of this Act includes a municipal department, the Municipal Council and the municipal manager, where the context so requires; “open space”, in relation to a land area, means land set aside or to be set aside for the use by a community as a recreation area, irrespective of the ownership of such land; “organ of state” means an organ of state as defined in section 239 of the Constitution; “owner” means the person registered in a deeds registry as the owner of land or who is the beneficial owner in law; “person” means any natural or juristic person, including an organ of state; “public place” means any open or enclosed place, park, street, road or thoroughfare or other similar area of land shown on a general plan or diagram which is for use by the general public and is owned by or vests in the ownership of a Municipal Council, and includes a public open space and a servitude for any similar purpose in favour of the general public; “publish” means the publication of a general notice in the Gazette; “region”, in relation to a regional spatial development framework, means a circumscribed geographical area characterised by distinctive economic, social or natural features which may or may not correspond to the administrative boundary of a province or provinces or a municipality or municipalities; “Registrar of Deeds” means the Registrar of Deeds as defined in the Deeds Registries Act; 11 Act No. 16 of 2013Spatial Planning and Land Use Management Act, 2013 “restrictive condition” means any condition registered against the title deed of land restricting the use, development or subdivision of the land concerned; “servitude” means a servitude registered against a title deed of land; “spatial development framework” means a spatial development framework referred to in Chapter 4; “Surveyor-General” means the Surveyor-General as defined in the Land Survey Act, 1997 (Act No. 8 of 1997); “this Act” includes the regulations made in terms of this Act; “title deed” means any deed registered in a Deeds Registry recording the ownership of land or a real right in land; “township register” means an approved subdivision register of a township in terms of the Deeds Registries Act; “township” means an area of land divided into erven, and may include public places and roads indicated as such on a general plan; and “zone” means a defined category of land use which is shown on the zoning map of a land use scheme. (2) The definitions in subsection (1) apply to the regulations and any land use scheme made in terms of this Act. Application of Act 2. (1) This Act applies to the entire area of the Republic and is legislation enacted in terms of— (a) section 155(7) of the Constitution insofar as it regulates municipal planning; and (b) section 44(2) of the Constitution insofar as it regulates provincial planning. (2) Except as provided for in this Act, no legislation not repealed by this Act may prescribe an alternative or parallel mechanism, 12 Act No. 16 of 2013Spatial Planning and Land Use Management Act, 2013 measure, institution or system on spatial planning, land use, land use management and land development in a manner inconsistent with the provisions of this Act. Objects of Act 3. The objects of this Act are to— (a) provide for a uniform, effective and comprehensive system of spatial planning and land use management for the Republic; (b) ensure that the system of spatial planning and land use management promotes social and economic inclusion; (c) provide for development principles and norms and standards; (d) provide for the sustainable and effi cient use of land; (e) provide for cooperative government and intergovernmental relations amongst the national, provincial and local spheres of government; and (f) 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. Spatial planning system 4. The spatial planning system in the Republic consists of the following components: (a) Spatial development frameworks to be prepared and adopted by national, provincial and municipal spheres of government; (b) development principles, norms and standards that must guide spatial planning, land use management and land development; (c) the management and facilitation of land use contemplated in Chapter 5 through the mechanism of land use schemes; and (d) procedures and processes for the preparation, submission and consideration of land development applications and related processes as provided for in Chapter 6 and provincial legislation. 13 Act No. 16 of 2013Spatial Planning and Land Use Management Act, 2013 Categories of spatial planning 5. (1) Municipal planning, for the purposes of this Act, consists of the following elements: (a) The compilation, approval and review of integrated development plans; (b) the compilation, approval and review of the components of an integrated development plan prescribed by legislation and falling within the competence of a municipality, including a spatial development framework and a land use scheme; and (c) the control and regulation of the use of land within the municipal area where the nature, scale and intensity of the land use do not affect the provincial planning mandate of provincial government or the national interest. (2) Provincial planning, for the purposes of this Act, consists of the following elements: (a) The compilation, approval and review of a provincial spatial development framework; (b) monitoring compliance by municipalities with this Act and provincial legislation in relation to the preparation, approval, review and implementation of land use management systems; (c) the planning by a province for the effi cient and sustainable execution of its legislative and executive powers insofar as they relate to the development of land and the change of land use; and (d) the making and review of policies and laws necessary to implement provincial planning. (3) National planning, for the purposes of this Act, consists of the following elements: (a) The compilation, approval and review of spatial development plans and policies or similar instruments, including a national spatial development framework; 14 Act No. 16 of 2013Spatial Planning and Land Use Management Act, 2013 (b) the planning by the national sphere for the effi cient and sustainable execution of its legislative and executive powers insofar as they relate to the development of land and the change of land use; and (c) the making and review of policies and laws necessary to implement national planning, including the measures designed to monitor and support other spheres in the performance of their spatial planning, land use management and land development functions. CHAPTER 2 DEVELOPMENT PRINCIPLES AND NORMS AND STANDARDS Application of development principles 6. (1)The general principles set out in this Chapter apply to all organs of state and other authorities responsible for the implementation of legislation regulating the use and development of land, and guide— (a) the preparation, adoption and implementation of any spatial development framework, policy or by-law concerning spatial planning and the develop ment or use of land; (b) the compilation, implementation and administration of any land use scheme or other regulatory mechanism for the management of the use of land; (c) the sustainable use and development of land; (d) the consideration by a competent authority of any application that impacts or may impact upon the use and development of land; and (e) the performance of any function in terms of this Act or any other law regulating spatial planning and land use management. (2) Notwithstanding the categorisation of principles in this section, all principles contained in this Act apply to all aspects of spatial development planning, land development and land use management. 15 Act No. 16 of 2013Spatial Planning and Land Use Management Act, 2013 Development principles 7. The following principles apply to spatial planning, land development and land use management: (a) The principle of spatial justice, whereby— (i) past spatial and other development imbalances must be redressed through improved access to and use of land; (ii) spatial development frameworks and policies at all spheres of govern ment must address the inclusion of persons and areas that were previously excluded, with an emphasis on informal settlements, former homeland areas and areas characterised by widespread poverty and deprivation; (iii) spatial planning mechanisms, including land use schemes, must incor porate provisions that enable redress in access to land by disadvantaged communities and persons; (iv) land use management systems must include all areas of a municipality and specifically include provisions that are flexible and appropriate for the management of disadvantaged areas, informal settlements and former homeland areas; (v) land development procedures must include provisions that accommodate access to secure tenure and the incremental upgrading of informal areas; and (vi) a Municipal Planning Tribunal considering an application before it, may not be impeded or restricted in the exercise of its discretion solely on the ground that the value of land or property is affected by the outcome of the application; (b) the principle of spatial sustainability, whereby spatial planning and land use management systems must— (i) promote land development that is within the fiscal, institutional and administrative means of the Republic; (ii) ensure that special consideration is given to the protection of prime and unique agricultural land; (iii) uphold consistency of land use measures in accordance with environ mental management instruments; 16 Act No. 16 of 2013Spatial Planning and Land Use Management Act, 2013 (iv) promote and stimulate the effective and equitable functioning of land markets; (v) consider all current and future costs to all parties for the provision of infrastructure and social services in land developments; (vi) promote land development in locations that are sustainable and limit urban sprawl; and (vii) result in communities that are viable; (c) the principle of effi ciency, whereby— (i) land development optimises the use of existing resources and infrastructure; (ii) decision-making procedures are designed to minimise negative financial, social, economic or environmental impacts; and (iii) development application procedures are effi cient and streamlined and timeframes are adhered to by all parties; (d) the principle of spatial resilience, whereby flexibility in spatial plans, policies and land use management systems are accommodated to ensure sustainable livelihoods in communities most likely to suffer the impacts of economic and environmental shocks; and (e) the principle of good administration, whereby— (i) all spheres of government ensure an integrated approach to land use and land development that is guided by the spatial planning and land use management systems as embodied in this Act; (ii) all government departments must provide their sector inputs and comply with any other prescribed requirements during the preparation or amendment of spatial development frameworks; (iii) the requirements of any law relating to land development and land use are met timeously; (iv) the preparation and amendment of spatial plans, policies, land use schemes as well as procedures for development applications, include transparent processes of public participation that afford all parties the opportunity to provide inputs on matters affecting them; and 17 Act No. 16 of 2013Spatial Planning and Land Use Management Act, 2013 (v) policies, legislation and procedures must be clearly set in order to inform and empower members of the public. Norms and standards 8. (1) The Minister must, after consultation with organs of state in the provincial and local spheres of government, prescribe norms and standards for land use management and land development that are consistent with this Act, the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000), and the Intergovernmental Relations Framework Act. (2) The norms and standards must— (a) reflect the national policy, national policy priorities and programmes relating to land use management and land development; (b) promote social inclusion, spatial equity, desirable settlement patterns, rural revitalisation, urban regeneration and sustainable development; (c) ensure that land development and land use management processes, including applications, procedures and timeframes are effi cient and effective; (d) include— (i) a report on and an analysis of existing land use patterns; (ii) a framework for desired land use patterns; (iii) existing and future land use plans, programmes and projects relative to key sectors of the economy; and (iv) mechanisms for identifying strategically located vacant or under-utilised land and for providing access to and the use of such land; (e) standardise the symbology of all maps and diagrams at an appropriate scale; (f) differentiate between geographic areas, types of land use and development needs; and (g) provide for the effective monitoring and evaluation of compliance with and enforcement of this Act. 18 Act No. 16 of 2013Spatial Planning and Land Use Management Act, 2013 (3) The Minister may, in consultation with or at the request of another Minister responsible for a related land development or land use function and after public consultation, prescribe norms and standards to guide the related sectoral land development or land use. CHAPTER 3 INTERGOVERNMENTAL SUPPORT National support and monitoring 9. (1) The Minister— (a) must, within available resources, provide support and assistance in the performance of its land use management functions and related obligations to any— (i) province as contemplated in section 125(3) of the Constitution; or (ii) municipality as contemplated in section 154(1) of the Constitution; and (b) must monitor— (i) compliance with the development principles and norms and standards; (ii) progress made by municipalities with the adoption or amendment of land use schemes; (iii) quality and effectiveness of municipal spatial development frameworks and other spatial planning and land use management tools and instruments; and (iv) the capacity of provinces and municipalities to …