Presentation on theme: "Emoyeni Conference Centre"— Presentation transcript:
1Emoyeni Conference Centre Spatial Planning and Land Use Management Act(Gauteng Planning Forum)Date 2013Emoyeni Conference Centre
2overview of presentation Overview of SPLUMAQuick updates on progress with the Spatial Planning and Land Use Management Act (SPLUMA);propose sections to be brought into operation in the short term; andOverview of National Change Management StrategyTo introduce the draft Implementation and Change Management Template for SPLUMAImplications for Municipalities
3what is SPLUMA?SPATIAL PLANNING AND LAND USE MANAGEMENT ACT (Act 16 OF 2013)Single piece of NATIONAL legislation for the ENTIRE countrySPATIAL PLANNING and LAND USE MANAGEMENT(Uniformity, Effectiveness, Comprehensive)
4what does SPLUMA entail ? A Framework for a Planning System for the country (sec 2)Dev Principles (sec 7)Policies and Legislation (sec 6)Spatial Development Planning & Frameworks(Chapter 4)Land Use Management through Schemes(Chapter 5)other provisions(Chapter 7)Land development Management(Chapter 6)
5tools & instruments the Act introduces provisions to cater for: Development Principles;Norms and Standards;Inter-Governmental Support;Spatial Development Frameworks (SDFs) across National, Provincial, Regional & Municipal scales;Land Use Schemes;Municipal Planning Tribunals; andApplications affecting National Interests.
6chapter 1 - introductory provisions Definitions (Sec 1)Application of Act (Sec 2)Objects of Act (Sec 3)Uniform, Effective, Comprehensive systemSocial, economic inclusionDevelopment principles, Norms & StandardsSustainable DevelopmentCooperative GovernanceRedress Imbalances of the Past
7chapter 1 - introductory provisions Spatial Planning System (sec 4)Spatial Development FrameworksDevelopment Principles, Norms and StandardsManagement of land useLand development managementCategories of Planning (sec 5)NationalProvincialMunicipalSpatial planning and policies (National Spatial Development Framework)National planning & Regulation relating to land usePolicies and legislation to support other spheresProvincial SDFProvincial planning relating to land usePolicies and legislation to implement provincial legislationMonitoring compliance of local government land use management systemIntegrated development plan (IDP)SDF and other components of IDPControl & regulation of land use
8Improving the state of … chapter 2 – development principles & norms and standardsThe principle of spatial justiceThe principle of spatial sustainabilityThe principle of efficiencyThe principle of spatial resilienceThe principle of good administrationImproving the state of …
9chapter 3 – intergovernmental support National governmentMust provide support and assistance, create capacity: Sec 9 (1) (a)Must monitor compliance of municipalities and provinces: Sec 9 (1) (b)Must develop mechanisms to support and strengthen: Sec 9 (2)Municipal differentiationProvincesProvincial legislationMay support municipalities SDF, LUM etcResolve disputesMonitor municipalities and provide support
10chapter 4 – spatial development frameworks An SDF is a framework that seeks to guide overall spatial distribution of current and desirable land uses within a sphere/municipality in order to give effect to the development vision, goals and objectives.The aims of SDF include to promote sustainable functional and integrated human settlements, maximise resource efficiency, and enhance regional identity and unique character of a place.All the three spheres must develop SDFs;SDF must give effect to National, Provincial or Municipal Planning;Aligned to and consistent with the frameworks of other spheres;Reviewable every 5 years and,Must involve public participation.
11overview of plansNationalProvincialRegionalMunicipal
12chapter 5 – land use management Municipality is responsible for Land Use ManagementPrimary instrument is the Land Use Scheme (LUS)Municipality must, after public consultation, prepare, adopt and implement a LUS within 5 years of the Bill being enactedLUS must be consistent with and give effect to Municipal SDFAll land development applications must be determined within context of the LUSAn approved and adopted LUS has the force of law and binds all owners and users of land
13land use scheme (sec 24) Each municipality must adopt a scheme A scheme mustHave categories of land use zoning for entire municipal area,Take cognisance of any environmental management instrumentsProvisions that permit the incremental introduction of LUM in areas undertraditional leadership,rural areas,informal settlements,other areas not previously subject to a land use scheme;
14chapter 6 - land Development management Land development applications are determined by Municipalities as the authority of first instanceMunicipalities are required to establish Municipal Planning Tribunals to discharge this functionMunicipalities may co-operate to establish Joint Municipal Planning TribunalsThe Tribunals consist of municipal officials and suitably qualified external persons appointed by Municipal CouncilsAppeals lay to the Executive Authority from decisions of MPTs
15appeals (sec 51)Appeal to Executive Authority via the Municipal Manager against MPT decisionNo Appeal may be lodged in terms of Sec 62 of MSAMunicipality may establish separate appeal body in a procedural manner prescribed by provincial legislation
16national interest (sec 52) A land development application must be referred to the Minister where the outcome of the application affects the National interestThe Minister to publish criteria on National Interest after consultation - Sec 52 (6)The National interest includes:matters within the exclusive functional area of the national sphere in terms of the Constitution;strategic national policy objectives, principles or priorities, including food security, international relations and co-operation, defence and economic unity; orland use for a purpose which falls within the functional area of the national sphere of government.
17quick updatesSpatial Planning and Land Use Management Act (SPLUMA) signed into law by President on 02 August 2013, and formally published in the gazette on the 05 August 2013;SPLUMA not yet put into operation;Section 13(3) Interpretation Act allows different sections of the SPLUMA to be brought into operation on different dates;9 provinces preparing/revisiting provincial planning legislation. No province ready with a SPLUMA-compliant provincial Act;Existing (old Ordinances, newer Provincial Acts and other) legislation may not conflict with the SPLUMA;some metropolitan municipalities preparing municipal planning by-laws;Some of our assumptions on powers of national and provincial spheres in relation to Scope of Municipal Planning Powers continue to be strained and tested especially in the courts; andlitigation in courts continue to enrich our understanding of the planning law regulatory environment (the recent Cape Judgment particularly instructive).
18sections of spluma that may be brought into operation CHAPTER 1INTRODUCTORY PROVISIONS1. Deﬁnitions2. Application of Act3. Objects of Act4. Spatial planning system5. Categories of spatial planningCHAPTER 2DEVELOPMENT PRINCIPLES AND NORMS AND STANDARDS6. Application of development principles7. Development principles8. Norms and standardsCHAPTER 3INTERGOVERNMENTAL SUPPORT9. National support and monitoring10. Provincial support and monitoring11. Municipal differentiationCHAPTER 4SPATIAL DEVELOPMENT FRAMEWORKSPart APreparation of spatial development frameworks12. Preparation of spatial development frameworksPart BPreparation and content of national spatial development framework13. National spatial development framework14. Content of national spatial development frameworkPart CPreparation, content and legal effect of provincial spatial development framework15. Provincial spatial development framework16. Content of provincial spatial development framework17. Legal effect of provincial spatial development framework
19sections of spluma that may be brought into operation Part DPreparation and content of regional spatial development framework18. Regional spatial development framework19. Content of regional spatial development frameworkPart EPreparation and content of municipal spatial development framework20. Preparation of municipal spatial development framework21. Content of municipal spatial development frameworkPart FStatus of spatial development frameworks22. Status of spatial development frameworks CHAPTER 5LAND USE MANAGEMENT23. Role of executive authority24. Land use scheme25. Purpose and content of land use scheme26. Legal effect of land use scheme27. Review and monitoring of land use scheme28. Amendment of land use scheme and rezoning29. Consultation with other land development authorities30. Alignment of authorisations31. Record of amendments to land use scheme32. Enforcement of land use schemeCHAPTER 7GENERAL PROVISIONS55. Exemptions56. Delegation57. Non-impediment of function58. Offences and penalties59. Repeal of laws (???)60. Transitional provisions (subject to guidelines)
20spluma and provincial act Key AssumptionsSPLUMA acknowledges the responsibility that provinces and the national government share for supporting local government;Province wants to see to it that municipal land use planning is done properly; andProvincial government has its own constitutional competences, some of which entail land use regulation.2 key considerationsScope of Provincial ActMunicipal Bylaws vs provincial Act
21a change management process Change Management is a process that will guide when change is made to a process or system to ensure its effective implementation into the business of the organisation.Key Driver for Change: the Spatial Planning and Land Use Management ActImplementationPowers and Functions (National / Provincial / Local)Roles and Responsibilities (Support and Monitoring)
22change management process Implementation of Change Details of ChangeIdentify the ChangeParticulars of the ChangeChange ApproachImplementation of ChangeImplementation StrategiesRelease StrategyReview of ChangeAppraisal of Change StrategySchedule of ActivitiesAction PlanCommunication PlanTraining PlanResistance to Change PlanEmployee Change Readiness PlanRelease PlanReview StrategyCHANGE MANAGEMENTPLAN
23overview of change management plan STAKEHOLDER ENGAGEMENTCOMMUNICATIONWORKGROUPS4 WorkgroupsInstitutional Aspects / Stakeholders / Implementation ReadinessIMPLEMENTATION OF SPLUMASPLUM NATIONALSPLUM PROVINCES / PROVINCESPROVINCIAL SPLUMA TECHNICAL IMPLEMENTATION FORUMSMunicipalities
24WORKGROUP 4: Capacity Building proposed workgroupsWORKGROUP 1Regulations / PolicyWORKGROUP 2GuidelinesWORKGROUP 3InstitutionalWORKGROUP 4: Capacity BuildingWORKGROUP 1RegulationsNorms and standardsApplication and interpretation of development principlesNational InterestProvincial legislationTransitional measuresSpatial planningAlignment of authorisationsWORKGROUP 2Land Use ManagementSpatial Development FrameworksDevelopment Applications ManualAlignment of AuthorisationsLand Use SchemesWORKGROUP 3Human ResourcesLegal ComplianceInternal ReadinessDraft Gazette NoticesDelegationsSystemsCommunicationITWORKGROUP 4TrainingCoordination and distribution of productsCapacity building for municipal land use managementSpatial planningLogistics
25implications for provinces Change of Focus – Trajectory of WorkImplementation of SPLUMASPLUMA Change Management PlanEngagement with Provinces / MunicipalitiesAssessment of readiness of Municipalities in conjunction with Provincial Departments by end November 2013.Participation in WorkgroupsChampioning Stakeholder Forums at Provincial Level – Provincial SPLUMA Implementation ForumsParticipating in Capacity Building / Training InitiativesLiaison with Key Provincial Stakeholders / Invites for SPLUMA related Engagements – Workshops
26implementation & change management plan template an introduction
32implications for municipalities OrganisationalStructures for Land Use ManagementReview of DelegationsReview of Existing Systems (Land Use Management)FinancialOperational RequirementsHuman ResourcesProceduralNew processes aligned to SPLUMA (operational and administrative)Gazetting of Notices etc