PROVINCIAL LEGISLATION ON LAND USE MANAGEMENT GAUTENG AND NORTH WEST PROVINCES Research Findings G auteng and N orth W est

Purpose of Study To provide an overview of land use/planning legislation in Gauteng and North West 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 and see how these might influence new provincial legislation G auteng and N orth W est

Study Approach The approach included : –A literature review –A review of the main laws –Interviews with provincial and municipal officials –Interviews with consultants The focus was on: –identifying the applicable laws –Understanding what works well –What does not work well –What changes to provincial and national laws are needed –Obtain data to assess the quantitative aspects of the system G auteng and N orth W est

Gauteng Study Area 3 Metro Municipalities, 3 District Municipalities (9 Local Municipalities) G auteng and N orth W est Gauteng Province

Gauteng: Main Laws The main laws include the following: Transvaal Ordinance, 1965 Transvaal Ordinance, 1986, and Town Planning Schemes Division of Land Ordinance,1986 Gauteng Removal of Restrictions Act,1996 Less Formal Township Establishment Act,1991 Black Administration Act, 1927 Development Facilitation Act, 1995 Municipal Systems Act, 2000 Registration of Agricultural Holdings (Transvaal) Act,1919 Gauteng Transport Infrastructure Act, 2001 Advertising on Roads and Ribbon Development Act, 1940 G auteng and N orth W est

Gauteng: Key Findings What works relatively well The new Ordinance and the town planning scheme system The alignment of the new Ordinance system to existing municipal and provincial structures The Municipal Systems Act and the related spatial development frameworks The DFA and its innovations

What does not work well (1) The match with Constitutional mandates for provincial and municipal planning with the province having an executive and oversight function in respect of municipal planning. The fragmented, complex, and diverse application of planning laws that is not conducive to effective land use decision making and management Delays in obtaining responses and in decision making The mismatch between capacity and legal requirements at provincial and municipal level The legacy of historical applications and approvals in the system (eg old Ordinance applications, Physical Planning Act permissions, incomplete townships, etc) Gauteng: Key Findings G auteng and N orth W est

What does not work well (2) The dispersed information on land use matters The decline in experienced planning staff and knowledgeable leaders The exclusion of traditional leaders and tribal land matters from the current dominant system Unrealistic expectations in the spatial development frameworks Negative consequences for investment and transfer of ownership Gauteng: Key Findings G auteng and N orth W est

Numbers of applications: Large volumes of municipal decisions in terms of Ordinance, town planning schemes, Removal of Restrictions (eg Johannesburg 142 townships in 2010) Provincial government deals with appeals (200 applications), Old Ordinance (500), Less Formal (44), Black Communities (62), DFA (40), R293, Roads and Ribbon, and certain special aspects in the new Ordinance Other than DFA, processes are generally slow, taking in excess of a year to finalise Gauteng: Key Findings

North West Study Area 4.District Municipalities, 21 Local Municipalities, G auteng and N orth W est North West Province and District Municipalities

North West Overview of Land Use Legislation The main laws include the following: Transvaal Ordinance, 1986, and town planning schemes Cape Land Use Planning Ordinance,1985, and zoning schemes Division of Land Ordinance,1986 Removal of Restrictions Act,1967 Physical Planning, 1967 Development Facilitation Act, 1995 Municipal Systems Act, 2000 Registration of Agricultural Holdings (Transvaal) Act,1919 Advertising on Roads and Ribbon Development Act, 1940 G auteng and N orth W est

North West: Key Findings What works relatively well New Ordinance applicable in former Transvaal LUPO applicable in former Cape The new Ordinance, LUPO and the town planning and zoning scheme system Township Board/Planning Advisory Board The alignment of the Ordinance system to existing municipal and provincial structures The Municipal Systems Act and the related spatial development frameworks The DFA and its innovations G auteng and N orth W est

What does not work well (1) The match with Constitutional mandates for provincial and municipal planning with the province having an executive and oversight function in respect of municipal planning. Suspension of R293 and R188 in 1998 applicable to tribal areas with leaving DFA sole formal option The fragmented, complex, and diverse application of planning laws that is not conducive to effective land use decision making and management The DFA Board The limited capacity at the DFA Board and the Department of Local Government and Traditional Affairs (Sub Directorate of Spatial Planning and Land Use Management) Extensive rural municipalities and the mismatch between capacity and legal requirements at provincial and municipal level North West: Key Findings G auteng and N orth W est

What does not work well (2) Delays in obtaining responses and in decision making The legacy of historical applications and approvals in the system (eg old Ordinance applications, Cape/Transvaal/Bophuthatswana permissions, incomplete townships, etc) The dispersed information on land use matters The decline in experienced planning staff and knowledgeable leaders The exclusion of traditional leaders and tribal land matters from the current dominant system Unrealistic expectations in the spatial development frameworks Negative consequences for investment and transfer of ownership North West: Key Findings G auteng and N orth W est

Numbers of applications Fairly large volumes of municipal decisions in terms of Ordinances and town planning schemes (eg Tlokwe 16 townships and 56 rezonings in 2010) Provincial government deals with appeals (18), Old Ordinance (unknown), Townships (9), DFA (9), Physical Planning Act (11). Processes are generally slow, taking in excess of a year to finalise North West: Key Findings

Revision to Provincial Legislation Recent Law Reforms Gauteng New Gauteng Laws (ROR and Infrastructure Act) Gauteng Planning and Development Act 2003 Alignment of Town Planning Schemes by Municipalities Municipal Systems Act 2000 Gauteng Planning and Development Bill 2011 and Land Use Management Regulations North West North West Land Use Management Bill and Land Use Management Regulations Alignment of Town Planning Schemes by Municipalities G auteng and N orth W est

Matters Pertinent New Provincial Laws Clarification of Roles and Functions of Different Spheres of Government Define Provincial Planning Functions –Coordination –Standards –Alignment –Custodian of Information –Monitoring of Change –Appeal Function Audit of Existing Information and Institutional Capacity Comprehensive Revision and Alignment of Laws Guided by National Framework Law Repeal of Non-aligned Laws Phased Upgrading of Laws Without Compromising System G auteng and N orth W est