Provincial land use management legislative processes: Reflections from the KZN PDA Presentation at DRDLR Workshop 03 May 2013

SACN engagement with legal process –Understand practice: Examine SACN and econ hubs in 9 provinces 9 provincial reports: One cross cutting publication –Identify important legal issues for provincial laws One publication important legal issues provincial laws – Respond to the SPLUMB Reponses to the SPLUMB from SACN and some cities

Provincial legislation: why this work? Lens to examine implications and lessons from PDAs –Learnt from its enactment and implementation –Small comparison with other provincial processes –How can we if at all deal with burning question of spatial transformation?

Overview KZN tackled the legislative issues fairly early –KwaZulu-Natal Rationalisation of Planning and Development Laws Act, 2008 (Act No. 2 of 2008) –Town Planning Ordinance Amendment Act with the “Rationalisation” Act, to “simplify and update existing provincial planning and development laws until the PDA 2008 –Importantly, phasing towards a PDA

Some notable provisions –Wall to wall schemes –outlining of criteria for all decisions –time frames for all steps –compulsory disclosure of certain documents or facts –compulsory professional evaluation of applications and accountability –blanket removal of certain out-dated conditions of title by law How they went on about it…

Capacity: –initiatives included drafting a manual, leaflets and process wall charts. –extensive training programmes were rolled out for councillors and municipal officials Forums of learning and support –PDA Forum running for three years Stretched and phased over years Inclusive legislative process How they went on about it…

Merit for phased methods where: –Capacity –Little consensus Pragmatism, adaptation, –“It is important to keep momentum. It is very easy to lose a year in an effort to please everyone. We often had to cut our losses along the way, like reducing the scope of the Act in order to make progress. Lessons

Even with longer time for shift in powers and functions, still problems at LG Constitutional imperative planning and LG –Municipalities have been given powers that they often are not able to manage –We have fallen victim to our own ambitions not taking into existing capacity (Adv Budlender) Many KZN PDA provisions ambitious Lessons

The planning status quo, in many ways is comforting, non-threatening, –“It was much easier to get consensus on extending existing legislation than to get consensus on new legislation.” Necessity of extensive inclusivity Like many process some room for amendments –Notice to people within 100m Lessons

Reliance on other processes for laws successes –Create processes for sectoral land development issues eg agricultural land, environmental etc Potential dangers of over-legislation… –set realisable goals Postscript: numerous changes (2009) and revised bill 2012 and talk of new law

Inter-provincial comparisons KZN PDA each lum process different chapter other provinces managed as single chapter WC focus on IG arrangements, allocation of powers and functions Gauteng and WC great emphasis on SDF preparation –Greater support to guide spatial transformation –SDF avenue for national and provincial interests Registered planners (KZN and WC)

Inter-provincial comparisons KZN and WC municipality makes decision, provincial tribunal appeals –KZN appeal tribunal solely provincial entity –Gauteng Bill municipal tribunals and single appeal tribunal, MEC appointed with LG reps Schemes: single (WC and Gauteng) multiple (KZN) Enforcement: KZN extensive and onerous WC and Gauteng allow for by laws

Understanding urban land Tools to manage land Housing and human settlements; transport Tools and levers to for urban land management Who, where, what for, how much Interaction : built environment Transform SACN and land

A transformative agenda through the law? Law reform intended to: Powers and functions clarification Replacing fragmented and racially based laws There is a transformative agenda Reason why LG has certain developmental functions KZN law: Intent “redresses the historic injustices perpetuated by the old order fragmented planning and development system” Legislation is a means to an end

There is a larger agenda National Development Plan (NDP) –strong and efficient spatial planning system, well integrated across the spheres of government –informal settlements located on suitable, well- located land –more people living closer to their places of work, more jobs in or close to dense, urban townships and better public transport

Some legislative possibilities Critical role SDF in driving this agenda –Provisions strengthening these Giving planning authorities power to override “NIMBYsm eg N Cape; SPLUM Principles decision making: Gauteng, WC –How effective given DFA experiences? Free State incremental upgrading of informal settlements in Bill

But we should be careful Unintended consequences –KZN PDA wall to wall schemes call for regulations to allow more leeway in the former disadvantaged areas –Applicability in rural areas –Scaling of fees –Urban edges and the cost of land

THANK YOU Michael Kihato South African Cities Network