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Emoyeni Conference Centre

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1 Emoyeni Conference Centre
Spatial Planning and Land Use Management Act (Gauteng Planning Forum) Date 2013 Emoyeni Conference Centre

2 overview of presentation
Overview of SPLUMA Quick updates on progress with the Spatial Planning and Land Use Management Act (SPLUMA); propose sections to be brought into operation in the short term; and Overview of National Change Management Strategy To introduce the draft Implementation and Change Management Template for SPLUMA Implications for Municipalities

3 what is SPLUMA? SPATIAL PLANNING AND LAND USE MANAGEMENT ACT (Act 16 OF 2013) Single piece of NATIONAL legislation for the ENTIRE country SPATIAL PLANNING and LAND USE MANAGEMENT (Uniformity, Effectiveness, Comprehensive)

4 what does SPLUMA entail ?
A Framework for a Planning System for the country (sec 2[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)

5 tools & 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; and Applications affecting National Interests.

6 chapter 1 - introductory provisions
Definitions (Sec 1) Application of Act (Sec 2) Objects of Act (Sec 3) Uniform, Effective, Comprehensive system Social, economic inclusion Development principles, Norms & Standards Sustainable Development Cooperative Governance Redress Imbalances of the Past

7 chapter 1 - introductory provisions
Spatial Planning System (sec 4) Spatial Development Frameworks Development Principles, Norms and Standards Management of land use Land development management Categories of Planning (sec 5) National Provincial Municipal Spatial planning and policies (National Spatial Development Framework) National planning & Regulation relating to land use Policies and legislation to support other spheres Provincial SDF Provincial planning relating to land use Policies and legislation to implement provincial legislation Monitoring compliance of local government land use management system Integrated development plan (IDP) SDF and other components of IDP Control & regulation of land use

8 Improving the state of …
chapter 2 – development principles & norms and standards The principle of spatial justice The principle of spatial sustainability The principle of efficiency The principle of spatial resilience The principle of good administration Improving the state of …

9 chapter 3 – intergovernmental support
National government Must 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 differentiation Provinces Provincial legislation May support municipalities SDF, LUM etc Resolve disputes Monitor municipalities and provide support

10 chapter 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.

11 overview of plans National Provincial Regional Municipal

12 chapter 5 – land use management
Municipality is responsible for Land Use Management Primary 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 enacted 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

13 land use scheme (sec 24) Each municipality must adopt a scheme
A scheme must Have categories of land use zoning for entire municipal area, Take cognisance of any environmental management instruments Provisions that permit the incremental introduction of LUM in areas under traditional leadership, rural areas, informal settlements, other areas not previously subject to a land use scheme;

14 chapter 6 - land Development management
Land development applications are determined by Municipalities as the authority of first instance Municipalities are required to establish Municipal Planning Tribunals to discharge this function Municipalities may co-operate to establish Joint Municipal Planning Tribunals The Tribunals consist of municipal officials and suitably qualified external persons appointed by Municipal Councils Appeals lay to the Executive Authority from decisions of MPTs

15 appeals (sec 51) Appeal to Executive Authority via the Municipal Manager against MPT decision No Appeal may be lodged in terms of Sec 62 of MSA Municipality may establish separate appeal body in a procedural manner prescribed by provincial legislation

16 national interest (sec 52)
A land development application must be referred to the Minister where the outcome of the application affects the National interest The 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; or land use for a purpose which falls within the functional area of the national sphere of government.

17 quick updates Spatial 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; and litigation in courts continue to enrich our understanding of the planning law regulatory environment (the recent Cape Judgment particularly instructive).

18 sections of spluma that may be brought into operation
CHAPTER 1 INTRODUCTORY PROVISIONS 1. Definitions 2. Application of Act 3. Objects of Act 4. Spatial planning system 5. Categories of spatial planning CHAPTER 2 DEVELOPMENT PRINCIPLES AND NORMS AND STANDARDS 6. Application of development principles 7. Development principles 8. Norms and standards CHAPTER 3 INTERGOVERNMENTAL SUPPORT 9. National support and monitoring 10. Provincial support and monitoring 11. Municipal differentiation CHAPTER 4 SPATIAL DEVELOPMENT FRAMEWORKS Part A Preparation of spatial development frameworks 12. Preparation of spatial development frameworks Part B Preparation and content of national spatial development framework 13. National spatial development framework 14. Content of national spatial development framework Part C Preparation, content and legal effect of provincial spatial development framework 15. Provincial spatial development framework 16. Content of provincial spatial development framework 17. Legal effect of provincial spatial development framework

19 sections of spluma that may be brought into operation
Part D Preparation and content of regional spatial development framework 18. Regional spatial development framework 19. Content of regional spatial development framework Part E Preparation and content of municipal spatial development framework 20. Preparation of municipal spatial development framework 21. Content of municipal spatial development framework Part F Status of spatial development frameworks 22. Status of spatial development frameworks  CHAPTER 5 LAND USE MANAGEMENT 23. Role of executive authority 24. Land use scheme 25. Purpose and content of land use scheme 26. Legal effect of land use scheme 27. Review and monitoring of land use scheme 28. Amendment of land use scheme and rezoning 29. Consultation with other land development authorities 30. Alignment of authorisations 31. Record of amendments to land use scheme 32. Enforcement of land use scheme CHAPTER 7 GENERAL PROVISIONS 55. Exemptions 56. Delegation 57. Non-impediment of function 58. Offences and penalties 59. Repeal of laws (???) 60. Transitional provisions (subject to guidelines)

20 spluma and provincial act
Key Assumptions SPLUMA 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; and Provincial government has its own constitutional competences, some of which entail land use regulation. 2 key considerations Scope of Provincial Act Municipal Bylaws vs provincial Act

21 a 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 Act Implementation Powers and Functions (National / Provincial / Local) Roles and Responsibilities (Support and Monitoring)

22 change management process Implementation of Change
Details of Change Identify the Change Particulars of the Change Change Approach Implementation of Change Implementation Strategies Release Strategy Review of Change Appraisal of Change Strategy Schedule of Activities Action Plan Communication Plan Training Plan Resistance to Change Plan Employee Change Readiness Plan Release Plan Review Strategy CHANGE MANAGEMENT PLAN

23 overview of change management plan

24 WORKGROUP 4: Capacity Building
proposed workgroups WORKGROUP 1 Regulations / Policy WORKGROUP 2 Guidelines WORKGROUP 3 Institutional WORKGROUP 4: Capacity Building WORKGROUP 1 Regulations Norms and standards Application and interpretation of development principles National Interest Provincial legislation Transitional measures Spatial planning Alignment of authorisations WORKGROUP 2 Land Use Management Spatial Development Frameworks Development Applications Manual Alignment of Authorisations Land Use Schemes WORKGROUP 3 Human Resources Legal Compliance Internal Readiness Draft Gazette Notices Delegations Systems Communication IT WORKGROUP 4 Training Coordination and distribution of products Capacity building for municipal land use management Spatial planning Logistics

25 implications for provinces
Change of Focus – Trajectory of Work Implementation of SPLUMA SPLUMA Change Management Plan Engagement with Provinces / Municipalities Assessment of readiness of Municipalities in conjunction with Provincial Departments by end November 2013. Participation in Workgroups Championing Stakeholder Forums at Provincial Level – Provincial SPLUMA Implementation Forums Participating in Capacity Building / Training Initiatives Liaison with Key Provincial Stakeholders / Invites for SPLUMA related Engagements – Workshops

26 implementation & change management plan template
an introduction

27 model A – metros / some locals

28 model b - locals

29 model c – rural / low capacity

30 baseline information

31 implementation readiness template

32 implications for municipalities
Organisational Structures for Land Use Management Review of Delegations Review of Existing Systems (Land Use Management) Financial Operational Requirements Human Resources Procedural New processes aligned to SPLUMA (operational and administrative) Gazetting of Notices etc

33 Thank You

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