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
STAKEHOLDER ENGAGEMENT
COMMUNICATION
WORKGROUPS
4 Workgroups
Institutional Aspects / Stakeholders / Implementation Readiness
IMPLEMENTATION OF SPLUMA
SPLUM NATIONAL
SPLUM PROVINCES / PROVINCES
PROVINCIAL SPLUMA TECHNICAL IMPLEMENTATION FORUMS
Municipalities

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