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Urban LandMark

Urban LandMark. Comments on Land Use Management Bill [B27-2008] National Assembly: Portfolio Committee for Agriculture & Land Affairs 31 July 2008. Introducing Urban LandMark. Funding and institutional home. Funded by UK government’s Department for International Development (DfID)

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Urban LandMark

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  1. Urban LandMark Comments on Land Use Management Bill [B27-2008] National Assembly: Portfolio Committee for Agriculture & Land Affairs 31 July 2008

  2. Introducing Urban LandMark

  3. Funding and institutional home Funded by UK government’s Department for International Development (DfID) Part of the Finmark Trust stable (www.finmarktrust.org.za) Emerged from Finmark Trust’s Township Residential Property Markets (‘TPRM’) study

  4. goal: what we want to achieve to improve access to well-located urban land (in South Africa) by making markets work for the poor and improving governance systems thus giving meaning and effect to the right to land

  5. mission: how we intend to achieve our goal By creating a place for engagement and discovery, and establishing: • a dependable empirical information base • a clear advocacy position on M(UL)MW4P • as the basis for policy dialogue and change

  6. Universities Transport Civil society Government Provincial & Local Govt Urban Sector Network Isandla Institute Presidency Land Affairs Treasury Federation of the Urban Poor LEAP Landless People’s Movement Housing ULM HSRC/ CSIR DBSA/ SACN Cities Alliance/ World Bank South African Property Owners Association DFID Habitat for Humanity SA Cities Network Banking Association of SA UN Habitat Donors/ iNGOs Ford Foundation Private Sector Professional Institutes who are our stakeholders?

  7. Urban LandMark concerns with the Land Use Mangement Bill

  8. The need for national land use management legislation National legislation is critically important for the redress of apartheid spatial injustices as well as for the development of efficient and sustainable human settlements in which all citizens are able to benefit from good land use planning. The question is: will the current LUMB do this?

  9. More, not less uncertainty The LUMB adds another layer of legislation to the existing duplicative and discriminatory legislative framework If there is a grand plan for how the LUMB will work in relation to the provincial Ordinances, the BCDA regulations and the Less Formal Township Establishment Act it has not been shared. In practise now every land development approval process will be governed by two pieces of legislation, which Will require constant cross-referencing; creates potential for unintended consequences; and Opens loopholes for legal challenge

  10. Norms & standards These are needed now They must provide, inter alia: uniformity on procedures for quicker approval processes (e.g. as are found in the Development Facilitation Act); as well as guidance on how to unravel the legal complexity of inherited planning legislation Towns & cities in which all South Africans can thrive and prosper requires innovative planning : and the LUMB does not provide that

  11. The DFA: throwing the baby out with the bathwater? Recent case in the WLD has upheld the power of the DFA tribunals (CoJ v GDT and others, 2007) The DFA introduced innovation and still provides an invaluable route for approvals in both the commercial and ‘developmental’ sectors Repealing the DFA will leave serious gaps, especially in some provinces

  12. What’s needed Clarity as to which sphere makes which decisions Clarity as to the scrapping of apartheid land development & planning legislation and a transition path Clarity as to relationship between planning & environmental approvals Mechanisms for fast-tracking projects We are unfortunately not persuaded that the LUMB meets these needs

  13. Moving forward Urban LandMark, with the Second Economy Strategy Project, is commissioning a Regulatory Impact Assessment (‘RIA’) of the LUMB, which will run August to September 2008 Urban LandMark is committed to providing whatever assistance may be requested to reconceptualise and redraft the LUMB: we have budget and capacity to work together (at the least the RIA report will be helpful, we think)

  14. Urban LandMark contact details Director: Dr Mark Napier mark@urbanlandmark.org.za Website: www.urbanlandmark.org.za Phone 012 342 7636

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