Schedule 1
Motivational report guidelines
General Criteria for the consideration of applications:A comprehensive explanation substantiating the application is required. The extent of this report will vary from one application to the next, depending on the sensitivity of the environment and the size of the proposed development. The following guidelines must be followed when compiling such a report:(1)Content of the report: general informationProvide clear and holistic information on the particulars for the proposed application. General information must include the following:(A)Proposed developmentDiscuss and provide an overview of what the proposed application entails. Discuss the accessibility of the property regarding the existing urban development, the main road network, and other infrastructure, as well as the effect of additional traffic, if any, on the environment. In the case of a rezoning to a sub-divisional area, the availability of land units with similar characteristics and the expected pace of development of such units must also be discussed.(B)Character of the environmentDiscuss the degree of compatibility of the proposed change in land use with the types of land uses in the surrounding area, the accommodation density (e.g. sizes of properties), historical architectural or conservationworthy areas, natural assets, number of community facilities, privacy of neighbours, streetscenes, views etc.(C)Desirability of the proposed utilisationDiscuss the potential of the property for other uses, e.g. agriculture (in and existing agricultural area) / conservation (of natural and urban environments) / mining (e.g. are there any economically exploitable minerals on the property? / recreation (especially along the coast) and how the proposal will influence the potential. And the benefit of the proposed utilisation of land will have for the surrounding property owners.(D)Investigations carried out in terms of other laws which are relevant to the consideration of the application;Discuss and provide evidence that prior investigations where done. This is done where the proposed application will be influenced by other laws such as the National Heritage Resources Act, Environmental Management: Air Quality, National Environmental Integrated Coastal Management Act, NEMA, Subdivision of Agricultural Land Act, Occupational Health and Safety Act, Management: Waste and the National Water Act etc.(E)The impact of the proposed land development on municipal engineering servicesDiscuss the possibility of the provision of services (do you anticipate any problems?); what type of services will be provided; what the cost of providing such services will be and whether it will be desirable to provide such services (e.g. how it would affect the natural environment) possible pollution, etc. Further discuss the accessibility of the property regarding the existing urban development, the main road network, and other infrastructure, as well as the effect of additional traffic, if any, on the environment. In the case of a rezoning to a sub-divisional area, the availability of land units with similar characteristics and the expected pace of development of such units must also be discussed.(F)Consideration of forward planning and land use documentsDiscuss whether the proposed land use is in line with the relevant zoning scheme regulations and forward planning documentation. If the proposed land use is it is not in line with the aforementioned documentation, then the applicant should motivate as to why the application should be considered.The following is a list of planning documents which must be considered:• Integrated development plan, including the municipal spatial development framework;• Applicable local spatial development frameworks adopted by the municipality;(G)Planning principlesAs part of the motivation the applicant must also indicate thatthe policies, principles of planning, development norms and criteria as set out set in Section 42 of the Spatial Planning and Land Use Management Act, 2013 (ACT 16 of 2013) (SPLUMA) was regarded and that the proposed application is incompliance with them. The principles are compiled and defined below: It is important to note that the explanations below are not legislative definitions, but rather an attempt at exploring each development principle:"spatial justice", refers to the need to redress the past apartheid spatial development imbalances and aim for equity in the provision of access to opportunities, facilities, services and land. In the broadest sense, it seeks to promote the integration of communities and the creation of settlements that allow the poorest of the poor to access opportunities. In a spatially just settlement, opportunities and access are provided to those whose historical access and opportunities have been impeded by the practice of apartheid spatial planning. Land development procedures must include provisions that accommodate access to, and facilitation of, security of tenure and the incremental upgrading of informal areas."spatial sustainability" essentially refers to a sustainable form of development. A part of this means promoting less resource consuming development typologies that promote compaction, pedestrianisation and mixed-use urban environments which allow for the development of a functional public transport system and space economy. A spatially sustainable settlement will be one which has an equitable land market, while ensuring the protection of valuable agricultural land, environmentally sensitive and biodiversity rich areas, as well as scenic and cultural landscapes and ultimately limits urban sprawl."efficiency" refers to the need to create settlements that optimise the use of space, energy, infrastructure, resources and land. Inherent in this statement is the need to promote densification and diverse development typologies. This also has to do with the manner in which the settlement itself is designed and functions, which should reduce the need to travel long distances to access services, facilities and opportunities. Efficiency also refers to decision making procedures which are designed to minimise negative financial, social, economic or environmental impacts. In addition, efficiency refers to the need for development application procedures that are efficient and streamlined."spatial resilience" in the context of land use planning refers to the need to promote the development of sustainable livelihoods for the poor (i.e. communities that are most likely to suffer the impacts of economic and environmental shocks). Spatial resilience also refers to the requirement for flexibility in spatial plans, policies and land use management systems to ensure sustainable livelihoods in communities most likely to suffer the impacts of economic and environmental shocks. The spatial plans, policies and land use management systems should enable the communities to be able to resist, absorb and accommodate these shocks and to recover from these shocks in a timely and efficient manner, which includes the preservation and restoration of essential basic infrastructure and functions, but also adaptation in order to ensure increased resilience in terms of future shocks;"good administration" in the context of land use planning refers to the promotion of integrated, consultative planning practices in which all spheres of government and other role-players to ensure that a joint planning approach is pursued. Furthermore, it is critical that decisions made in terms of land use planning seek to minimise the negative financial, social, economic and environmental impacts of a development. Furthermore, ‘good administration’ in the context of land use planning, refers to a system which is efficient, well run and where the timeframe requirements are adhered to.(2)PhotosIf possible photos of the area under application should be submitted to clarify certain aspects of the application.Schedule 2
Administrative penalty for failing to obtain prior municipal planning approval
1.(1)The Municipality may impose an administrative penalty when it grants municipal planning approval for a building that has been erected without its prior approval or the use of land without its prior approval.(2)The Municipality must consider the following matters when it determines whether to impose an administrative penalty and the amount to impose, if applicable―(a)the municipality’s policy on the imposition of an administrative penalty in terms of this By-law, if any;(b)the Municipality’s Land Use Scheme, the Municipality’s Integrated Development Plan, including its Spatial Development Framework, in terms of section 25(1) of the Municipal Systems Act;(c)if the use of the land is similar or compatible with other land uses in the surrounding area, irrespective of whether or not the surrounding land uses have planning approval;(d)site specific circumstances in favour or against the use of the land for the purpose for which it is used;(e)whether the applicant was the owner or occupant of the land at the time that the buildings were erected on the land or the land was used without prior planning approval;(f)the extent to which the applicant has co-operated with the Municipality;(g)whether any act, omission or negligence by the Municipality contributed to the failure to obtain prior planning approval;(h)the nature, duration and impact of the activity for which prior municipal planning approval was not obtained;(i)the extent and value of any significant profit or other benefit derived from the failure by the applicant to obtain prior municipal planning approval;(j)any loss or damage suffered by the Municipality or a third party as a result of the applicant or the person that erected buildings on the land or used the land without prior planning approval’s failure to obtain prior municipal planning approval;(k)whether the applicant has previously been found in contravention of this By-law or any other planning law.(3)An administrative penalty may not exceed—(a)the value of any building or part of a building erected without the Municipality’s prior approval; or(b)the value of the unlawful activity, if―(i)the unlawful activity is performed in an existing building that was previously lawfully used for a different purpose; or(ii)the unlawful activity is not performed in a building.(4)Unless proven otherwise, the value of an unlawful activity must be regarded as 10% of the aggregate annual turnover generated by the activity―(a)calculated over the last 36 months of operation; or;(b)if it has been in operation for less than 36 months, calculated over the period that the activity has been in operation.(5)The applicant bears the onus of proving the value of the building or part thereof or the value of the unlawful activity.(6)The Municipality may request proof from an applicant to substantiate the amount claimed by it to be the value of the building or part thereof or the value of the unlawful activity.(7)The Municipality may refuse an application for rectification of a contravention, if an applicant failed to submit adequate proof of the value of the building or part thereof or the value of the unlawful activity.(8)The Municipality must specify the period or date by which the administrative penalty must be paid in its Record of Decision, which may not be more than 3 years after notice of municipal planning approval was served on the applicant.(9)An administrative penalty imposed in terms of this section constitutes a levy that must be paid in full before the transfer of a property may be registered as contemplated in section 118(1) of the Municipal Systems Act.(10)Municipal planning approval does not lapse as a result of failure by an applicant to pay an administrative penalty within the period specified in the Municipality’s Record of Decision.(11)An applicant may claim an amount equivalent to the amount paid as an administrative penalty to the Municipality together with the costs that he or she incurred in paying the administrative penalty from―(a)the person who owned the land at the time that the building was erected on the land without the municipality’s prior approval; or(b)the person who first conducted the unlawful activity, if―(i)the unlawful activity is performed in an existing building that was previously lawfully used for a different purpose; or(ii)the unlawful activity is not performed in a building.Schedule 3
Development charge
(1)The applicant must pay a development charge to the Municipality in respect of the provision and installation of bulk engineering services and link engineering services in accordance with a policy adopted by the Municipality, or in accordance with applicable legislation.(2)The Municipality may grant an exemption or rebate from the payment of development charges in accordance with a policy approved by the Municipal Council or in accordance with applicable legislation.(3)The development charge is subject to annual escalation as provided for in the approved policy.