ARPL1010

Lecture: 2
ARPL1010 – Land Use Management: municipal legal instruments
• In our previous lecture we mentioned that Town and Regional
Planning (TRP) or Urban and Regional Planning (URP) have two larger
parts or a division. The one part is Land Use Planning or Management
and the other Spatial Planning or forward planning (for the future).
• In this lecture we will look at Land Use Planning or Management and
how it functions in practice.
• As property developers this will become inherent to your practice
and vocabulary.
What will we consider in this lecture?
• The Spatial Planning and Land Use Management Act 16 of 2013
(SPLUMA) related to Land Use Management and Development.
• The purpose of a Land Use Scheme (LUS).
• Examples of Land Use applications that include rezoning and township
establishment.
• What happens to applications withing the local municipality
• The Municipal Planning Tribunal (MPT)
• The Development Facilitation Act (DFA) application example (historic)
• The legal framework for all planning practice is captured in the Spatial Planning and Land Use
Management Act 16 of 2013 (SPLUMA) – for Land Use Planning and Spatial Planning.
• You would need to be familiar with the content of SPLUMA.
• Before SPLUMA, South Africa used four provincial ordinances to frame the processes of planning
applications in practice. Ordinances are also legal documents.
• The four Ordinances were available and applied to mostly urban areas, but there were other ordinances
like the Peri-Urban Ordinance and the ordinance for Agricultural Holdings applied to periphery areas. All
other areas outside the Urban areas and the periphery areas were under other legislation, mostly
governed by the Department of Agriculture and the Department of Land Administration. It was known
as the Department of Land Administration. That department is now primarily under CoGTA. Though,
CoGTA now plays a different role than the Department of Land Administration. It now plays a supportive
and monitoring role. The municipality is currently the body of first instance (also indicated in SPLUMA
Section 33). That means that the municipality have administrative authority over the whole of it’s
municipal area.
• With regards to land use planning, SPLUMA indicates the process of development and the content a Land
Use Scheme should take.
SPLUMA and Land Use Management
• Chapter 5 and 6 of SPLUMA relates to Land Use Management.
• Chapter 5 stipulates rules for a land use scheme, the content, legal
effect, the management of a land use scheme and more.
• Chapter 6 of SPLUMA stipulates the role of the municipality in land
use planning (Land Development Management) and the
establishment, composition and functioning of Municipal Planning
Tribunals (MPTs).
SPLUMA and Land Use Management
• Chapter 5 of SPLUMA necessitates the development of a wall-to-wall
land use scheme for each municipality. This means that the scheme
should cover the entire municipal area (should be included).
• We will look at what a scheme looks like shortly.
• The Scheme’s should include areas under traditional leadership, rural
areas, informal settlements, slums and areas that were previously
excluded (in the old Town Planning Schemes).
• It should include provisions to promote the inclusion of affordable
housing, promote the implementation of the Spatial Development
Framework (SDF)(in our next lecture we will look at the SDF) and more.
SPLUMA and Land Use Management
• The purpose of the land use scheme (LUS):
• A LUS must be in-line with and give effect to the SDF and promote:
• Economic growth;
• Social Inclusion;
• Efficient land development; and
• Have minimal impact on public health, the environment and natural resources.
• A LUS must include:
• Scheme regulations
• A map indicating the zoning of the municipal area; and
• A register of all amendments to the scheme.

• (Section 25 of SPLUMA)
SPLUMA and Land Use Management
• The legal effect of a land use scheme:
• An approved land use scheme has the force of law and all land owners and
users of land are bound by the provisions of the land use scheme.
• It replaces all other existing schemes (that there were before the ‘new’
scheme).
• It provides land use and development rights.
• Land may only be used for the purposes set by a land use scheme or a town
planning scheme, until the scheme is replaced by a land use scheme.
• A permitted use may be changed with the approval of a Municipal Planning
Tribunal in terms of SPLUMA.
• (SPLUMA Section 26)
SPLUMA and Land Use Management
• Amendment of land use scheme and rezoning:
• A municipality may amend its land use scheme by rezoning in-line with the Spatial Development
Framework (SDF).
• A public participation process must be followed to ensure all affected parties may have the
opportunity to object or appeal the decision.
• The scheme regulations must set out procedures and conditions relating to the use and
development of land.
• (SPLUMA Section 28)
• Record of amendments to land use scheme:
• The municipality must keep and maintain a written record of all applications submitted and the
reasons for decisions in respect of such applications for the amendment of its land use scheme.
• (SPLUMA Section 31)
• Enforcement of land use schemes
• A municipality may pass by-laws aimed at enforcing its land use scheme. (SPLUMA Section 32)
SPLUMA and Land Development Management
• Municipal land use planning:
• All land development applications must be submitted to a municipality as the authority
of first instance. (Section 33 SPLUMA)

• This is very important for you to know.

Before we learn more of this we need to look a bit more to SPLUMA.
• Establishment of Municipal Planning Tribunal (MPT)
• A municipality must establish a Municipal Planning Tribunal (MPT) in order to determine
land use and development applications within its municipal area.
• A municipality must categorise development applications to be considered by an official
and those to be referred to the Municipal Planning Tribunal (MPT). (SPLUMA Section 35)
• SPLUMA goes on and details the composition of and processing of the tribunal (SPLUMA
Sections36-40)
SPLUMA and Land Development Management
• You need to read SPLUMA Sections 41-52
• Change with Approval of applications of Municipal Planning Tribunal
• The MPT may:
• Change the use, form and function of land or
• Remove, amend or suspend a restrictive condition.
• Applications include:
• Township establishments;
• Subdivision of land;
• Consolidation of pieces of land;
• The amendment of a land use scheme, but not the regulations
• The removal, amendment or suspension of a restrictive condition (SPLUMA Section 41)
• Deciding an application
• The MPT must consider various factors when they make a decision on an application (SPLUMA
Section 42).
SPLUMA and Land Development Management
• Conditional approval of application
• An application may be approved subject to conditions as set by the MPT.
• A conditional approval lapses if a conditions is not complied within 5 years from the date
of approval (if a time is not specified).
• Timeframes for applications
• The MPT must consider, hear and determine a land development application within a
prescribed timeframe (SPLUMA Section 44).
• Parties to land development applications
• A land development application may only be submitted by the owner, a person acting as
the duly authorised agent of the owner, or a service provider responsible for the
provision of infrastructure, utilities or other related services.
• Interested parties may petition to intervene in an existing application. (SPLUMA Section
45).
SPLUMA and Land Development Management
• Notification to Surveyor-General and Registrar of Deeds
• A municipal planning tribunal must, within the prescribed period after a land
use decision that is not in accordance with a condition to the title deed, notify
the Registrar of Deeds and the office of the Surveyor-General where such
approval affects a diagram or general plan. (SPLUMA Section 46)
• Restrictive conditions
• A restrictive condition may, with the approval of a MPT, be removed,
amended or suspended. (SPLUMA Section 47).
Land Use and Development Applications
• When we speak about land use applications it is applications that are
made to change the use of land. There are various types of
applications. This includes: Township Establishment applications,
Rezoning, Consent use, Removal or Restrictive Conditions.
• There are different legislations and policies that should be considered
to give structure to applications.
Land Use Applications – rules and procedures for applications

• We have already looked at SPLUMA, but in the process of land use

applications there are more rules at play:
• SPLUMA (after 1 July 2015) – Previously: Provincial Ordinances
• Land Use Scheme – provided by the Local Municipality
• Spatial Development Framework – provided by Local Municipality
• Any SPLUM By-Law of the Province or the Local Municipality (usually
the municipality)
• Title deed –might have possible restrictions
Purpose of Land Use Management
(Schemes)
• Preserve quality of life for land owners, occupiers and communities.
• Provide certain rules and regulations (clauses):
• particular to either certain activities within a local municipal area or
• particular to a certain erf or smaller scope area within the local municipality.
• The rules and regulations provide conditions for certain activities.
• Keep a record (legal) of all permitted activities for each erf/portion of
land within the local municipality.
• Also see SPLUMA 2013 for purpose of LUMS
This is an example of the digital version of a Land Use Map. The different colours represent different activities or
land use rights for each parcel of land. This example is a section of the Nkomazi Local Municipal Land Use Scheme
map, particularly the town of Malelane, close to the Kruger National Park. The colours are usually linked to similar
activities throughout schemes across the country and even internationally. For example, Residential 1 or single
family homes are represented by light yellow; red usually reflects business and blue represents institutional use .

• Picture of scheme

Example of a portion of a Scheme map

This is an example of a
‘Map Sheet’ as part of
the Land Use Scheme.
This particular map is
the index map that
indicate the numbers for
the map sheets for the
other areas in the
Scheme.
This is an example
of one of the map
sheets for one of
the areas in the
Scheme. The map
sheets cover the
whole area of the
scheme (wall-to-
wall scheme).
Land in SA - administration
• We have already discussed some of the following in the previous lecture
but just to recap:
• Land can be Surveyed and unsurveyed (informal settlements)
• The Surveyor General – Government Department under the Department
of Rural Development and Land Reform – Administrator of Surveyed Land
• The Registrar of Deeds or Deed’s office – Title Deed Registration –
Government Department under the Department of Rural Development
and Land Reform - Administrator or Custodian of Title Deeds – restrictions
and ownership
• The Local municipality - Land administration in terms of activities (Land
Use Management) – authority over all land within municipal area
How to actualise Development…
• Before any development takes place (not dependent on approach,
conviction or context – whether private, or by local municipality or
Department of Human Settlements) - a land use application will be
submitted.
• It is an administrative and legal process that will enable any possible
development – and for this, it involves a land use application to the
local municipality (and most likely other relevant departments). Can
you remember which section of SPLUMA also refers to this?
Land Use Planning in context – Need and
desirability
• Before there could be any development/Integrated Development– we
need to plan.
• We do not plan in a void – we use what we have – investigate,
conceptualise and analyse the context of determined need and
desirability – directly related to the area.
• For any infrastructure or development to realise, a land use
application is necessary.
Land Use Planning in Context – Need and
desirability
• A planner need to motivate any development by means of its need
and desirability.
• Need = why the particular land use application/zoning/establishment,
is needed on a specific portion of land.
• Desirablility = how will the application influence the environment
around it.
• This will include: Environmental influence, accessibility (roads), services
(civil), economic impact, facilities/service centres, visual impact, security,
social aspects, agricultural issues and general issues.
Examples of applications
Land Use Application – Township Establishment
Land – Rural Context – Example of Township
Establishment

• Thembisile Hani
Local Municipality
– Township
Establishment
• Location: On
Portions 1, 4 and
5 of the farm
Vlaklaagte 221 JR,
Mpumalanga
This is an aerial photograph of the Township Establishment area. Below you can
see that the roads have been scraped according to the Township Layout as it was
designed. This particular area is in Vlaklaagte in the Thembisile Hani Local
Municipal Area.
This is the formal
layout plan. In the
aerial photograph in
the previous slide you
could see the road
layout as per this
Layout Plan.
You can see that this is
a residential area (low
density- Residential 1)
with a few business,
institutions and
creches.