DEVELOPMENT PLANNING, ENVORONMRNT AND MANAGEMENT UNIT

Transcription

1 DEVELOPMENT PLANNING, ENVORONMRNT AND MANAGEMENT UNIT

2 Introductory Outline Introduction and Core Function of Development Planning Environment and Management(DPEM) Unit Unit s structure Unit s core function IDP : Plan 1 DPEM Operational Regions Budget and Staff Compliments Development Management Department Development Planning Department Environment Planning and Climate Protection Department Closure

3 DPEM Unit s core mandate Unit s core function is to lead, direct and manage the use of the built and natural environment to ensure the sustainable and integrated growth and development of our Municipality.

4 Development Planning, Environment & Management Unit Structure HEAD : DPE&M MUSA MBHELE and Acting Head(Sbu Ndebele) CELL or o Project Executive Jimmy M. Ngcobo Cell Project Executive Lekha Allopi Cell Environment Planning and Climate Protection Department(EPCPD) Acting Dep. Head : Chumisa Thengwa Cell Development Planning Dep. Head: M. Phewa Cell Development Management Dep. Head :Sbu. Ndebele cell

5 Development Planning, Environment & Management Unit Structure and Core Functions HEAD : DPE&M MUSA MBHELE and Acting Head(Sbu Ndebele) Project Executive Jimmy M. Ngcobo Cell Project Executive Lekha Allopi Cell Acting Dep. Head : Chumisa Thengwa Dep. Head : Lihle Phewa Dep. Head : Sbu Ndebele

6 IDP: Plan 1 Plan 1: Develop and Sustain our Spatial, Natural and Built Environment Goal: The goal of this plan to lead, direct and manage the spatial, built and natural environment to ensure the sustainable and integrated growth and development of our Municipality for the benefit of all its citizens. Desired Outcome: Citizens will be able to access and use resources to meet their needs without compromising the amenity for others and the resource base of the Municipality in the present and in the future. The programmes to achieve the outcome of this plan include: Develop and Implement a sustainable and integrated spatial planning system. Ensure the long term sustainability of the natural resource base Manage and regulate the built environment Develop and implement a Municipal Climate Protection Programme 6

7 Location of Development Planning, Environment & Management Regional Offices

8 General Applicable legislation The Constitution of the Republic of South Africa Municipal Systems Act National Environment Management Act National Building Regulations and Standards Act Municipal Financial Management Act KZN Planning Development Act Spatial Land Use and Planning Management Act Durban Town Planning Scheme and Regulations Building By Laws & General By Laws Municipal Planning Bylaw Advertising Bylaw Municipal Property Rates Act: ethekwini Municipality Rate Policy

9 CITY VISION Translated into SDF and IDP PACKAGE OF PLANS STATUTORY IDP/SDF SPATIAL DEV PLANS REGION BASED LOCAL AREA PLANS SCHEMES STATUTORY NATIONAL BUILDING REGULATIO NS NATIONAL LEGISLATION - SPLUMA PROVINCIAL LEGISLATION - PDA TOWN PLANNING ORDINANCE SCHEMES REALISE THE CITYS VISION SCHEMES ARE LEGAL AND BINDING TRANSFORMED SPACES 9

10 DEVELOPMENT MANAGEMENT STRUCTURE and Core Function Department s core function is to manage and regulate the built environment. Deputy Head: Development Management (Sbusiso Ndebele) Manager: Development Applications (Richard Holgate) Manager: Building Inspectorate (Daniels Pentasaib)Manager:) Acting Manager: General Advertising (Sagren Naicker Manager: Enforcement & Prosecution (Abdull Domingo)

11 DEVELOPMENT MANAGEMENT DEPARTMENT DEVELOPMENT APPLICATIONS BRANCH Purpose: To assess and to approve or refuse building applications based on compliance with statutory requirements. Enabling legislation: Act 103/1977 : The National Building Regulations and Building Standards Act. + National Building Regulations + South African National Standards + Other Applicable Laws

12 LEGEND Administration Comment from other Depts. * (Tme Consuming Challenge) Circulation and Assessment Process 5 days Building Application Submitted Admin. and Routing Circulate to Int. Depts (Fire, WWM, Health ) Admin & Applicant notified to collect Decision (approved or refused) by Team Leader Assessment Officer assesses (Act & applicable laws) 2 days 1 day Statutory Process (Core Function) Int Depts consider and comment +15 days* Application returned to Assessment

13 DEVELOPMENT MANAGEMENT DEPARTMENT BUILDING INSPECTORATE BRANCH Purpose: To inspect and manage the erection of Buildings and Building Related Activities in terms of The National Building Regulations and The Building Standards Act No. 103 of 1977 as amended, by: Conducting Inspections, Investigations, Issuing Contravention Notices, Ensuring: Compliance with applicable legislation; Provide educated, informed decisions; In order to provide hands on quality service to customers in a manner that regulates, promotes, guides sustainable development and enhances the quality of life.

14 Inspection and Occupancy Process: Occupancy Once a plan is approved by Development Applications, the plan jacket is sent (manually) to the BI branch. There are compulsory inspections that the BI has to perform before an Occupancy certificate can be issued. It is the responsibility of the Owner to request these site inspections at the various stages in the construction process. Inspection Categorization: There are 3 categories viz. compulsory, routine and ad-hoc. There are 5 compulsory inspections which the Applicant may request: Foundation, Sub-floor, Roof truss, Drainage, and Completion. Routine Inspection - No Notification for Compulsory Inspection: If at the end of the routine period (3 months as projected in the BI s diary) and the Applicant had not requested an inspection, the BI will carry out a routine inspection in order to check/verify/record progress and action as necessary if non-compliant. Ad-hoc Inspection: Whilst performing other compulsory or routine inspections the BI may notice an issue/omission/contravention on another site or wish to conduct an inspection in passing. The BI will firstly check if there is an approved plan for that property, and if so, the BI will record the details of the inspection on file.

15 Other Interventions Participation with Clean and Maintain my City and UMZ; Interactive Forum to review Hoarding and use of Council property; Continuously motivate staff to serve notices for all Contraventions; Problem Building Bylaws to be implemented correctly and appropriately; Embark on an extensive Communication drive (regular articles in Isigagasini and participate in radio talk shows); Research, develop and draft Water Harvesting bylaw Finalise and implement SLAs with relevant departments.

16 Court Application for recovery of costs. EO/BI to ensure compliance with Court Order, ie Demolition, remedial work or the like If accused appears in High/Mag court, and an order is granted EO will monitor for compliance with a court order, including obtaining a warrant of arrest for non compliance. Identification, Investigation and serving of notice by BI BUILDING INSPECTORATE CONTRAVENTION WORK FLOW Refer matter to JEAT for confirmation to follow PROBLEM BUILDING BYLAW Procedure. EO Issue summons Without an AG Monitor and forward to EO if non-compliant EO to issue a spot summon (with AG) option to pay or appear in court EO refers back to BI if non-compliant. BI issues second notice

17 DEVELOPMENT MANAGEMENT DEPARTMENT GENERAL ADVERTISING BRANCH Purpose: To control outdoor advertising in EThekwini Municipality To promote and maintain an acceptable visual environment To create equal opportunities for advertising for all businesses using the SAMOAC, Policy and Bylaws purpose

18 Minimum Control Areas of controls Transport Nodes Traffic Corridors and Spines Transportation Terminals Parts of the CBD Entertainment Nodes Industrial Areas Billboards and third party advertising is allowed Partial Control, includes:- Commercial nodes within Suburban Center Educational, Institutional properties and stadia Mixed use and interface areas There will be limitations on size, position and number of signs permissible Maximum Control Natural and conservation areas & historical sites Scenic routes Ocean, beaches & rivers Residential areas Gateways and high profile areas Billboards are not permitted

19 Advertising Signs Temporary: Signs for events Posters Flags Bridges Various forms of advertising and Applications Process Permanent: On-site signs Remote (Billboard) advertising Trailers (Mobile) advertising

20 Application Process Once the application is received by the branch: Assessment officer assesses application according to policy, bylaws Forward application to other depart. for comments If there s no comment, draft an approval letter Head: signs approval letter (for billboards & mobile signs)

21 Litterbins Signs on Council property via Tendering Process Service provider supplies bin at no cost to Council Advertising rights reserved for service provider Council receives revenue per month

22 Signs on Council property via Tendering Process Public Transport Shelter Service provider supplies shelter for commuters at no cost to Council Advertising rights reserved for service provider Council receives revenue per month

23 Street Pole Ads Signs on Council property via Tendering Process Service provider supplies frames at no cost to Council Advertising rights reserved for service provider Council receives revenue per month

24 Signs on Council property via Tendering Process Taxi Rank Branding Advertising rights within the Taxi Rank are reserved for service provider Council receives revenue per month

25 Political election posters Political Parties This is via a Council resolution for election posters Political parties pay a refundable deposit that is refunded when posters have been removed If not, Inspectors with removal contractors remove them and issue a fine.

26 . DEVELOPMENT MANAGEMENT DEPARTMENT ENFORCEMENT and PROSECUTION BRANCH Primary Focus Area The Enforcement and Prosecution Branch, amongst other tasks, focuses its efforts in the following areas: Enforcement of the National Building Regulations and Standards Act; Enforcement of the Planning and Development Act; Enforcement of the Building and other By-Laws relevant to the offences in this specific sector; Support Service to Legal Unit, Real Estate and other Secondary Enforcing Departments; and Facilitation of all matters escalated to both Magistrates and High Court

27 From BI National Building Regulations and Standards Act Consider Rate Coding Current Interventions to improve Effectiveness Masters/Deeds Office Contact Offender arrange site visit Verify that Contra is still prevalent. Confirm particulars Second Phase BI Serves Second Notice Prosecution on a S 54 Summons NO AG Receive Complaint/Case EA Logs onto Data Base Case is checked by RC for Correctness EA Distributes to EO EO Receives Case and Conducts Record Check Manual Process Contravention Book Daily Briefing Sessions BPM Process Increase Service of S 56 Check Section NBR Check Particulars of Accused Check for Stop Work A/H Service Summons Case is transferred onto EO s work queue The first phase of the 14 day turnaround commences 2-10 Shift to Serve S56 Conduct Site Visit and prosecute if possible OR Return to Office and Fill a full statement Serve Summons and BI to Update Prosecution is executed on a S 56 CPA or Full Statement Metro Police Process a Summons and Summons Server or EO serves Summons served at all hours. Fines Processing Data Base for Stats. Spread sheet update by EA No AG Summons served on the accused Third Phase Escalate to High Court Motivation to D/Head DM Fourth Phase Obtain Order from High Court and Monitor for Compliance Enforcement Forums [int/ext] Abbreviations EO: Enforcement Officer EA: Enforcement Assistant RC: Regional Co-ordinator LUM s: Land Use Management BPM: Business Process Management System CPA: Criminal Procedure Act Obtain Warrant if no compliance with Summons Consolidate all evidence pertaining to the site Data Base ON authority from DH. Set meeting with Legal Obtain a warrant if non compliant

28 Expired Notice From LUM s Contravention in terms of the Planning Development Act Consider Illegal Rate Coding Contact Offender arrange site visit Verify that Contra is still prevalent. Confirm particulars Second Phase Receive Complaint/Case EA Logs onto Data Base Case is checked by RC for Correctness EA Distributes to EO EO Receives Case and Conducts Record Check Manual Process Contravention Book BPM Process Check Section PDA Check Particulars of Accused Case is transferred onto EO s work queue The first phase of the 14 day turnaround commences Conduct Site Visit and prosecute if possible OR Return to Office and Fill a full statement Serve Summons and LUMs to Update Prosecution is executed on a S 54 CPA Metro Police Process a Summons and Summons Server or EO serves Summons served at all hours. Fines Processing Data Base for Stats. Spread sheet update by EA Escalate to High Court Motivation to D/Head DM Third Phase Obtain Order from High Court and Monitor for Compliance Abbreviations EO: Enforcement Officer EA: Enforcement Assistant RC: Regional Co-ordinator LUM s: Land Use Management BPM: Business Process Management System CPA: Criminal Procedure Act Consolidate all evidence pertaining to the site ON authority from DH. Set meeting with Legal Obtain a warrant if non compliant

29 Challenges Illegal Advertising Proliferation of Illegal Buildings Illegal Construction within ITB areas Environmental Degradation Bad Buildings