LAND USE PLANNING LAW REFORM (PATIENT ZERO TO PATIENT HERO) Day 2 : Session 4 Western Cape Property Developers Forum Annual Conference Presenters: Helena Jacobs & Theo Rebel 13 May 2016
What will be covered? Who is the patient Context of the planning regime Where do we come from Need for national legislation What is framework legislation What does SPLUMA seek to achieve Did SPLUMA achieve what it set out to achieve New legislative scheme for land use planning What is WC DEADP doing What is the NCF and what happens there What challenges are being experienced What is the take home message for WCDPF Is our patient now a hero? Western Cape Government 2012
Western Cape Government 2012 WHO IS THE PATIENT? -the receiving community -municipalities -developers -economy
Population (millions) Demographic Forecasts Western Cape Population is expected to increase by just over 32% over the next 25 years (from 6.2 million in 2015 to 8.2 million in 2040) The urban population is expected to increase from 4.2 to 6.2 million (an increase of 47.6% over the next 25 years) 9 8.2 million 8 1.12% / annum 7 6.2 million 6 1.57% / annum 5 4 3 2015 2020 2025 2030 2035 2040 Population Western Cape Government 2013 Urban Population Source: FuturesCape, 2016
Urbanisation (Percent) Urban Population (millions) Urbanisation Western Cape 78 7 76 6 74 4.2 mil 76% 5 72 4 70 3 68 66 69% POPULATION GROWTH PAST DECADE 19% HOUSEHOLD FORMATION 31% 2 1 64 2015 2020 2025 2030 2035 2040 0 Urbanisation Rate Urban Population An even larger portion of the Western Cape population will be living in urban areas (nearly 76% of the population by 2040* In 2011 approximately 62% of South African population lived in urban areas** In 2014 approximately 64% of South African population lived in urban areas *** Source: FuturesCape, 2016 ** Source: Gapminder, data sources various incl. UN and World Bank *** Source: UN World Urbanization Prospects 2014 Western Cape Government 2013
Percent of Total Population Profile Western Cape The number of individuals over 65 is forecast to more than double, from 389 000 to 949 000, by 2040 The number of school aged kids (6-19) is forecast to increase by 12% by 2040 (from 1.5 million to 1.65 million) In 2040 pensioners will make up 11% of the total population, while school aged youth will make up 20 percent 30% 25% DEMOGRAPHIC DIVIDEND QUESTION & PENSIONERS 20% 15% 10% 5% 0% 2015 2040 Ages 6-19 Over 65 Western Cape Government 2013 CABINET BOSBERAAD MAY 2016
Context Receiving Environment By 2030 750 Global Cities Majority of growth within Cape Metro / City Region & Southern Cape (George, Mossel Bay, Bitou) Informality, basic services backlog & poverty = remains a reality Socio-economic current truths & Ecological Services Endowment Western Cape Government 2012 7
GLOBAL GROWTH TRENDS:- BY REGION South African Population Change 1980-2015 [50-100%] 2015-2050 [10-50%] 1. 2015, world population reached 7.3 billion 11 billion 2. In 2016, 83 million people+ 3. Continued population growth until 2050 Rest of World and Africa 4. Africa population growth continues to experience very high rates 2015-2050 populations of 28 African countries projected to more than double vast majority of people on Continent will stay in settlements and medium sized cities. 5. 2015 - PINCODE of the world = 1114 2050 - PINCODE of the world = 1125 THEN 2100 PINCODE of the world = 1145 6. Growth will be in Sub-Sahara! Western Cape Government 2012 1. * United Nations World Population Report 2015 8
4 provinces 10 homelands small mun. area fragmentation planning voids no coordination WHERE DO WE COME FROM?
no homelands 9 provinces wall-wall municipal areas 8 metropolitan municipalities 44 district municipalities 226 local municipalities WHERE WE ARE NOW?
differentiated applicability different purposes THE NEED TO TURN different authorities & competency lack of coordination & effectiveness no holistic approach and goals not constitutional NEED FOR NEW NATIONAL LAW Land Use Planning Ordinance Less Formal Township Establishment Act Rural Areas Act Municipal Ordinance Divisional Council Ordinance Removal of Restrictions Act Black Communities Development Act Physical Planning Act Development Facilitation Act
SPLUMA is framework legislation creates consistent process that has general applicability establishes standard criteria outlines formal processes facilitates coordination between spheres creates predictable regulatory environment prompts for further legislation where other competencies so require
new planning legislation n e w l e g i s l a t i v e s y s t e m National Provincial Spatial Planning Land Use Management Act (SPLUMA) Municipal Systems Act (MSA) (IDP SDF By-laws National & Provincial) WC Land Use Planning Act, 3 of 2014 (LUPA ) Make standard draft by-laws in terms of MSA Municipal Make & adopt Municipal By-laws May use standard draft by-laws or amend them.(msa) 14
spluma scheme for planning uniform planning system. SDF 5 years Council Approves SDF s are of central importance PRINCIPLES IZS 5 Years approval by Council (& review) Give effect to and be consistent with SDF May not depart from SDF Site Specific Circumstances Appeals to Executive Mayor 15
did it succeed in treating the patient Provincial and Municipal competency framework legislation limited uniformity SPLUMA recognises that:- S 11 municipal differentiation S 10(2) different structures and procedures (not inconsistent reconcile with S 2(2)? S 44(3) different time frames S 54(3) different regulations for categories of MPT s LUS Development applications Appeals Different dates for implementation of sections of SPLUMA Did not happen (side effect) Did not cater for staggered geographical implementation
results. further treatment necessary overall scheme the same provincial legislation will differ municipal legislation may differ
removing municipal planning from lupa DEFINING PLANNING SPACE: Provincial Planning, Regional Planning, Municipal Planning - Court Cases Gauteng Development Tribunal Municipal Planning Maccsands Hurdles Principle Lagoon Bay Regional & Provincial Planning Habitat Council - Appeals Co-ordinate Provincial Powers DISTINGUISH BETWEEN EXECUTIVE AND LEGISLATIVE ROLES AND CONSTITUTIONAL FUNCTIONS AND MANDATES WITH RESPECT TO MUNICIPAL PLANNING Regulating Effective performance by municipalities of their executive functions? OR Usurping Municipal Planning legislative space
overstepping municipal planning if: - prevents a municipality from requiring procedures in addition to those imposed by province; prevents a municipality from having regard to further matters which it considers relevant replace or remove the discretion vested in municipalities by requiring a particular decision in a particular situation give effect to relationship between LUPA & BY- LAWS (spluma regulations) adhere to minimum standards
give effect to L U P A ( S e c t i o n 3 5 ) BY- L A W ( S e c t i o n 1 6 ) When a municipality approves a land use application for a rezoning, departure or consent use, the municipality must consider imposing a validity period for the approval. Subject to subsection (6), a rezoning approval contemplated in subsection (2) lapses after the applicable period from the date that the approval comes into operation if, within that period 43(2) (a) the zoning is not utilised in accordance with the approval; or (b) the following requirements have not been met: (i) the approval by the Municipality of a building plan envisaged for the utilisation of the approved use right; and (ii) commencement of the construction of the building contemplated in subparagraph (i).
adhering to minimum standards Summary of notification procedures (minimum s45 & S46) Application Publish Serve 1.Rezoning (appl. / mun.) 2.Subdivision (5h+ inside UE) 3.Subdivision (1ha+ outside UE) 4.Subdivision (5h+ outside PE if no SDF) 5.Subdivision (1ha+ inside PE if no SDF) 6.Closure of public place 7.Application iro restrictive conditions 8.Other applications material effect a. Applications 1.-8. above b. Determination of zoning (s13) c. Subdivision, amendment & cancellation (not exempt) d. Consolidation (not exempted) e. Amendment, deletion or new conditions
why a PLANNING BY-LAW? l e g i s l a t i v e o r i g i n s : Constitution Section 156(2) A municipality may make and administer by-laws for the effective administration of the matters which it has the right to administer. Constitution Schedule : 4 B municipal planning MSA Section 11(3)(m) A municipality exercises it legislative authority by - (m) passing by-laws LUPA Section 2(2) A municipality must regulate at least the following: (procedures, for applications, considerations, public participation, criteria, conditions, enforcement etc.)
development of a planning by -law l e g i s l a t i v e o r i g i n s : proposed detailed regulations in LUPA (..no ) MSA Section 12 & 13 (municipal by-law process) municipalities no capacity or appetite MSA Section 14 (national and provincial) standard draft by-laws) effect limited control and differentiation
the SPLUMA NCF. National DRDRL initiative Established + 2 years ago for facilitate readiness for implementation served as a vehicle to re-draft the SPLUMA regulations Forum for discussion and knowledge sharing
the N SPLUM Forum. Restructure after 1 July 2015 Discussion on:- Section 52 National Interest Transitional measures MPT guidelines Compliance monitoring & enforcement SDF guidelines Corridor development Data collection
the N SPLUM Forum. Recognition of SPLUMA challenges Growing realisation of need to amend the Act WG 1 POLICY & LEGAL Additional regulations Amendments to Act WG 2 GUIDELINES & TOOLS LUM & SDF + others WG 3 INSTITUTIONAL COORDINATION Inter. Gov. coordination WG 4 CAPACITY BUILDING Training
What did DEADP do. Actively participated in the NCF / N SPLUM Forum Served on various task teams & chairing 3 from WC Nominated staff for 4 WG s (focus on WG 1 & 2) Instituted the CMS for LUPA implementation Staggered geographical implementation Ensure readiness (MPT, By-laws, categorisation & tariffs) before LUPA implementation and repeal of old order laws Support documents (MPT s, RoR, Relevant consideration) Internal restructuring to facilitate monitor and support role Standard Draft By-law on Municipal Land Use Planning Model zoning scheme Made staff available to serve on MPT s Various pro forma forms, letters, SOP s etc. Section 43(2) application prepared, submitted, monitor. Western Cape Government 2012 27
How are WC municipalities doing? Sept 15 9 of 25 ready (SPLUMA LUPA By-laws MPT etc.) 36% 16 of 25 not ready 64% 28
How are WC municipalities doing? May 16 22 of 25 ready (SPLUMA, LUPA, By-laws, etc.) 88% 3 of 25 not ready 12% Cederberg Knysna Oudtshoorn Western Cape Government 2012 29
obligation on all spheres of government Spatial development frameworks (MSA SPLUMA(12) LUPA BYLAWS) An obligation for all spheres to prepare, align SDF s and to prescribe content thereof Guide planning and development decision making Provide clear and accessible information to the public and private sector and provide direction for investment purposes A spatial development framework adopted in terms of this Act must guide and inform the exercise of any discretion or of any decision taken in terms of this Act or any other law relating to land use and development of land by that sphere of government.
effecting PROJECTS as (applicant and developer) Will be subject to municipal decision-making S 22(2) - Subject to section 42, a Municipal Planning Tribunal or any other authority required or mandated to make a land development decision, may depart from the provisions of a municipal spatial development framework only if site-specific circumstances justify a departure from the provisions of such municipal spatial development framework. Not aligned and no site specific circumstances = NO Amend SDF project delay and risks Important that projects are reflected (correctly and timeously in SDF s and IDP s)
need to know - planning inst r u m e nt As an applicant / developer Know application process Increased importance of the SDF Know the timing involved Submission of complete and well motivated applications in line with SDF s and IDP s Know municipal planning bylaw Know what categorisation model is adopted by municipality Know who takes the decision Aware of rights of appeal Exemptions /intervener Validity periods and conditions
Take home message. We are not there yet still long way to go Stay positive build relationships Keep informed participate and influence where possible Treatment of the patient is ongoing and effect of medication is being monitored and adjusted where possible and where necessary The road to recovery will not be short one, but one we will all have to embrace and support should we want our patient to survive and lead a better life! Western Cape Government 2012 33
Contact Us Theo Rebel Development Planning, Intelligence Management and Research (Policy Development & Coordination) Tel: 021-4838375 Fax: 021-4838311 Theo.rebel@westerncape.gov.za www.westerncape.gov.za Utilitas, I Dorp Street,, Cape Town Thank you