SPATIAL PLANNING & LAND USE MANAGEMENT BILL Human Settlements Portfolio Committee 11 October 2012

2 Structure of Presentation 1.Definitions: 1.Land-Use Management; and 2.Spatial Planning 2.Rationale for the SPLUMB; 3.SPLUMB Objects & Development Principles 2.Norms & Standards, and Guidelines 3.Spatial Dev. Frameworks & Land-Use Management 4.Roles & Responsiblities 4.Impact on Human Settlements

Key Definitions Land Use Management 1.Land used in variety of ways; with competing interests. 2.Appropriate that these interests are planned for mutually-inclusive & integrated manner. 3.Broader objective is to identify & allocate land use that will provide best sustainable benefit. 3

Key Definitions Spatial Planning 1.In simplest terms: How space is to be used.. 2.Seeks to bring together: 1.Policies for development & use of land; with 2.Other key development policies & programmes 4

Rationale for SPLUMB 5 Space Economy Environment Failed to address the segregated and unequal spatial patterns. Impeded investment in land development, & uncertainty in land markets. Imbalance between country’s socio-economic needs, & environmental conservation. Plng prior to 1994

Rationale for SPLUMB Pre-1994, the South African spatial landscape system segregated and unequal spatial pattern inherited from apartheid. Pattern has remained prevalent in the post apartheid spatial landscape Need for integration of policies, land use management processes, hence more efficient human settlements delivery. 6

Plng Law & Policy; post-1994 DFA, 1995: –Development Principles –Land Development Objectives –Development Tribunals Green Paper on Plng, 1999: –importance of a shared vision as the basis for planning in the country Mun. Systems Act, 2000: –Introduced IDPs as primary plng instrument for municipalities;SDFs to form part of mun. IDPs. 7

Dev. Facilitation Act Constitutionality of DFA: 1.Municipal planning is the exclusive competence of municipal government; 2.Includes the powers and functions necessary to determine rezoning and township establishment applications 8

SPLUMB, OBJECTS OF THE BILL 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 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

SPLUMB, 2012 DEVELOPMENT PRINCIPLES Used to Guide Spatial Planning, Land Use Management and Land Development in terms of this Bill; Applied through Spatial Planning Tools i.e. SDF’s and Land Use Schemes and also guide decision making by Tribunals; Applied by National / Provincial Governments and Municipalities in developing their SDF’s and Spatial Planning policies. 10

SPLUMB, 2012 NORMS AND STANDARDS Norms and standards are important in Planning for: Assessment of needs; Quality Management. Examples Norm – Planning considerations in Rural Areas; Use and Protection of Agricultural Land; Standards – Mapping Standards,, etc. NB!! –The Bill allows for the Minister of H/Settlements to request prescription of specific Norms & Standards; –eg. Density Guidelines, Inclusionary Hsg 11

SPLUMB, 2012 GUIDELINES The DRDLR preparing guidelines on various matters to support implementation of the Bill: –Integrated Spatial Planning & Land Use Management –Interim and Transitional Measures –Spatial Development Frameworks –Municipal Land Use Management –Electronic Land Use Management Systems 12

SPLUMB, 2012 SPATIAL DEVELOPMENT FRAMEWORKS (SDFs) All three spheres must prepare SDFs to give effect to National, Provincial or Municipal Planning respectively There must be alignment and consistency between the Frameworks of all spheres Provision for the Minister and Premier to see to the preparation of Regional SDFs where required SDFs are reviewable every 5 years or less 13

SPLUMB, 2012 LAND USE MANAGEMENT Municipality is responsible for Land Use Management, via a Land Use Scheme (LUS) LUS must be consistent with and give effect to Municipal SDF All land development applications must be determined within context of the LUS An approved and adopted LUS has the force of law and binds all owners and users of land 14

Roles iro SPLUMB 15 National Provincial Local Support & monitor capacity to implement Bill. Review of Natl Plng law & policies. Nat’l Norms & Stds. Compilation of Prov. SDF. Monitor compliance by Munic’s. Review of Prov. Plng law & policies. Support Munic’s adoption of L/Use Schemes. Co-ordinate Municipal L/Use Schemes within a Province. Implement spatial plng & land use legislation. Compilation & Review of IDP, SDF & L/Use Scheme. Control regulation of municipal land use. Support implementation of Prov. (& Regional) SDFs.

SPLUMB: Impact on Human Settlements 1.Alignment of Human Settlement Programmes with key tenets of the SPLUMB. a)Legislated platform that ensures a system of spatial planning & land use management; b)Promotes social and economic inclusion; and c)Redresses spatial inequity and inefficiencies. 16

SPLUMB: Impact on Human Settlements 2.Human Settlement Project Alignment with IDPs & SDFs a)Active participation in Provincial, Regional & Local SDFs. b)Mapping of human Settlement projects, as part of ALL SDFs – especially relevant where Provincial Dept of H/Sett. (PDHS)acts as developer. c)Quid-pro-quo: PDHS now has access to series of instruments to determine funding priorities. 17

SPLUMB: Impact on Human Settlements 3.Prescribed Norms & Standards The Minister of Human Settlements may request that minimum technical norms and standards be prescribed to accommodate special circumstances that may exist in a project and/or area, Dwelling unit density/ housing typology Integrated settlements/ Inclusionary housing 18

19 Thank You