What role can the Spatial Planning and Land Use Management Act, No 16 of 2013, play?

PRESENTATION OVERVIEW WHAT IS THE SPATIAL PLANNING AND LAND USE MANAGEMENT ACT (SPLUMA)? A BRIEF HISTORY OF SPLUMA OBJECTS OF THE ACT THE CONTEXT FOR SPLUMA IMPLEMENTATION WHAT WILL SPLUMA DO DIFFERENTLY? CONCLUSION

A BRIEF HISTORY OF THE ACT AND WHAT IT IS INTENDED TO ACHIEVE

A BRIEF HISTORY OF THE ACT PROVINCIAL ORDINANCES – 1940’s to 1980’s DEVELOPMENT FACILITATION ACT, No. 67 of 1995 DRAFT GREEN PAPER ON DEVELOPMENT AND PLANNING – 22 April 1999 WHITE PAPER ON SPATIAL PLANNING AND LAND USE MANAGEMENT – 21 July 2001 LAND USE MANAGEMENT BILL – 21July 2001 LAND USE MANAGEMENT BILL – 2008 CONSTITUTIONAL COURT JUDGMENT – 18 June 2010 NATIONAL DEVELOPMENT PLAN – 11 November 2011 FINAL DRAFT BILL – July 2012 ENACTMENT – 5 August 2013

OBJECTS OF THE ACT [Section 3] 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; and 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

THE CHALLENGING CONTEXT IN WHICH SPLUMA WILL BE IMPLEMENTED

LOCAL GOVERNMENT IN CRISIS INDICATOR 1: FINANCIAL MANAGEMENT Audit Opinion 2008/9 2009/ / /12 No.% % % % Adverse Disclaimer Qualified Unqualified – with findings Unqualified – no findings Audits outstanding Total Source: National Treasury Local Government Database and Auditor-General Consolidated Report 2011/12, reported in The State of Local Government Finances and Financial Management as at 30 June 2013, National Treasury

LOCAL GOVERNMENT IN CRISIS INDICATOR 2: SERVICE DELIVERY PROTESTS Source: Municipal IQ Hotspots Monitor (

STRONG PROVINCIAL PLANNING ROLE ORDINANCES DEVELOPMENT FACILITATION ACT CONCENTRATION OF SKILLS AND EXPERIENCE IN PROVINCIAL GOVERNMENT AND PRIVATE SECTOR HISTORICAL EXPERIENCE OF MUNICIPALITIES IS DEVELOPMENT CONTROL AND BUILDING, NOT SPATIAL PLANNING OR POLICY DRIVEN LAND USE MANAGEMENT LIMITED COVERAGE OF MUNICIPALITIES PRIOR TO 1996 CONSTITUTION – URBAN BIAS STRONG ROLE OF TRADITIONAL LEADERSHIP OUTSIDE FORMER MUNICIPALITIES 100% COVERAGE OF MUNICIPALITIES ACROSS THE COUNTRY – SIGNIFICANT CHALLENGES LOCAL GOVERNMENT IN CRISIS: HISTORICAL PLANNING WEAKNESS

HOW WILL SPLUMA IMPROVE MUNICIPAL PLANNING?

WHAT WILL BE DONE DIFFERENTLY IN TERMS OF SPLUMA? APPLICATION OF THE ACT REINFORCEMENT OF THE ROLE OF THE INTEGRATED DEVELOPMENT PLAN CONTINUATION OF THE USE OF DEVELOPMENT PRINCIPLES MEANS TO ACHIEVE STRATEGIC AND DEVELOPMENT OBJECTIVES PROVINCIAL SUPPORT AND MONITORING LEGISLATION ALTERNATIVE STRUCTURES AND PROCEDURES

WHAT WILL BE DONE DIFFERENTLY IN TERMS OF SPLUMA? SPATIAL DEVELOPMENT FRAMEWORKS FOR ALL SPHERES OF GOVERNMENT LAND USE SCHEMES LAND DEVELOPMENT MANAGEMENT AND LAND USE REGULATORS NATIONAL INTEREST NON-IMPEDIMENT OF FUNCTION

WHAT ARE THE SUCCESS FACTORS AND KEY CHALLENGES

CONCLUSION PLACES MUNICIPALITIES AT CENTRE OF SPATIAL PLANNING, LAND USE MANAGEMENT AND DECISION MAKING CORRECTS URBAN BIAS ALLOWS FOR FLEXIBLE APPROACHES – BUILD ON THE KNOWN, INCREMENTALLY RESPOND TO CHANGE MUNICIPAL COOPERATION NATIONAL AND PROVINCIAL SUPPORT [Section 154 of Constitution] KEY CHALLENGES: INVOLVEMENT OF TRADITIONAL LEADERSHIP MUNICIPAL CAPACITY