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

1. SPATIAL PLANNING & LAND USE MANAGEMENT BILLHuman SettlementsPortfolio Committee11 October 2012

2. Structure of Presentation • Definitions: • Land-Use Management; and • Spatial Planning • Rationale for the SPLUMB; • SPLUMB 2012 • Objects & Development Principles • Norms & Standards, and Guidelines • Spatial Dev. Frameworks & Land-Use Management • Roles & Responsiblities • Impact on Human Settlements

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

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

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

6. 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.

7. 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.

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

9. SPLUMB, 2012 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

10. 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.

11. 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

12. 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

13. 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

14. 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

15. Roles iro SPLUMB • Support & monitor capacity to implement Bill. • Review of Natl Plng law & policies. • Nat’l Norms & Stds. National Provincial • 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. Local

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

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

18. SPLUMB: Impact on Human Settlements • 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

19. Thank You