This is the version of this By-law as it was from 31 August 2017 to 19 December 2019. Read the latest available version.
Related documents
- Is amended by Planning and Land Use Management Amendment
- Is amended by Planning and Land Use Management Second Amendment
eThekwini
South Africa
South Africa
Planning and Land Use Management By-law, 2016
- Published in KwaZulu-Natal Provincial Gazette 1871 on 31 August 2017
- Commenced on 31 August 2017
- [This is the version of this document as it was from 31 August 2017 to 19 December 2019.]
Preamble
WHEREAS the Municipality has competence in terms of Part B of Schedule 4 of the Constitution to administer matters pertaining to municipal planning;WHEREAS the Municipality must contribute to the progressive realisation of fundamental rights contained in the Constitution;WHEREAS the Municipality is committed to sustainable, developmentally orientated and integrated developmental municipal planning;WHEREAS the Municipality must promote the development principles of spatial justice; spatial sustainability; spatial resilience; efficiency and good administration in municipal planning;WHEREAS the Municipality must observe and enforce compliance of its land use scheme;WHEREAS the Municipality must maintain open, transparent and sound accountable practices in its planning administration;WHEREAS the Municipality recognises the principles of co-operative government in planning matters in order to provide for open, transparent and accountable government;AND WHEREAS the Municipality recognises the need to facilitate the involvement of the community and public participation in planning processes and developments;NOW THEREFORE The Municipal Council of the eThekwini Metropolitan Municipality, acting in terms of section 156 read with Part B of Schedule 4 of the Constitution of the Republic of South Africa, and read with section 11 of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000), hereby makes the following By-law:Chapter 1
Interpretation
1. Definitions
In this By-law, unless the context indicates otherwise–"adjoining owner" means any owner whose land shares a common boundary or corner beacon with the land which is the subject of the land development application, and includes the owner whose land may be separated by a road;"affected owner" means any owner of land whom the Municipality may consider to be affected by a land development application; and may include a Traditional Authority;"Appeal Authority" means an appeal authority contemplated in terms of Chapter 12 of this By-law;"applicant" means any person who makes a land development application as contemplated in section 21(4) of this By-law;"authorisation" means any authorisation or authorisations required in terms of applicable legislation issued by an organ of state which must be lodged with a land development application, including but not limited to–(a)a Record of Decision pursuant to an Environment Impact Assessment issued in terms of the National Environmental Management Act, 1998 (Act No. 107 of 1998);(b)a Water Use Licence issued in terms of the National Water Act, 1998 (Act No. 36 of 1998); or(c)any authority which has been issued in terms of the Subdivision of Agricultural Land Act, 1970 (Act No. 70 of 1970);"authorised official" means a person authorised to implement the provisions of this By-law, including but not limited to–(a)peace officers as contemplated in section 334 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977);(b)municipal or metropolitan Police Officers as contemplated in the South African Police Service Act, 1995 (Act No. 68 of 1995); and(c)such enforcement officers employees, agents, delegated nominees, representatives and service providers of the Municipality as are specifically authorised by the Municipality in this regard: Provided that for the purposes of search and seizure, where such person is not a peace officer, such person must be accompanied by a peace officer;"Category 2 application" means a complete application which is categorised for consideration and decision making by the Tribunal;"Category 3 application" means a complete application which is categorised for consideration and decision making by the Head;"Category 4 application" means a complete application which is categorised for consideration and decision making by the Deputy Head;"circulated application" means an application made to the Municipality for approval, and excludes a land development application;"Code of Conduct" means a written code setting out rules and standards relating to the ethics, practice and conduct of the members of the Tribunal;"combined application" means an application which contains multiple types of land development applications which may be combined and considered in its entirety as provided for in Chapter 8 of this By-law;"complete application" means a land development application which is ready to be advertised or has undergone the pre-submission process, and is accompanied by, including but not limited to, payment of the prescribed application fee, authorisations, comments and specialist reports and studies;"compliance certificate" means a certificate issued on−(a)compliance by an applicant with the conditions of approval contained in a decision notice within six months from the date of notification of the commencement of any operations on the land; or(b)resolution of a contravention;"consolidation" means where two or more erven are combined to form a new erf;"Constitution" means the Constitution of the Republic of South Africa, 1996;"contravention" means a contravention of the land use scheme, a contravention of a condition of approval contained in a decision notice or a contravention of a provision of this By-law;"contravention notice" means a notice served by the Municipality on an owner or person who has committed or is suspected of committing a contravention;"Council" or “Municipal Council” means the eThekwini Municipal Council, a municipal council referred to in section 157(1) of the Constitution;"days" means business days, which excludes Saturdays, Sundays and Public Holidays;"decision maker" means the Tribunal, Head or Deputy Head as the case may be;"decision notice" means the written notification of the outcome of a land development application;"Deeds Registry" means a deeds registry as defined in section 102 of the Deeds Registries Act, 1937 (Act. 47 of 1937);"Deputy Head" means the Deputy Head of the relevant department dealing with development planning, environment and management who has been authorised by the Municipality as contemplated in terms of section 35(2) of SPLUMA to consider and determine land development applications;"development principles" means the principles of spatial justice, spatial sustainability, efficiency, spatial resilience and good administration as contemplated in Chapter 2 of SPLUMA;"development rights" means a development right which is conferred on land by virtue of its zoning; includes a pre-scheme or non-conforming use right and which may be subject to specialist studies;"diagram" means a diagram as defined in terms of section 1 of the Land Survey Act, 1997 (Act No. 8 of 1997);"environmental management instrument" means an environmental management instrument contemplated in section 24(5)(bA) of the National Environmental Management Act, 1998(Act No. 107 of 1998);"Executive Authority" means the executive committee or executive mayor of eThekwini Municipality as the case may be, as contemplated by section 44(2) of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998);"exemption" means a provision contained in the land use scheme where the consent of adjoining or affected owners is required for a particular type of land development application;"general plan" means a general plan as defined in section 1 of the Land Survey Act, 1997 (Act No. 8 of 1997);"guidelines for social facilities and open spaces" means a set of guidelines adopted by Council which provides the standards to be applied for the provision of social facilities and open spaces within the eThekwini Municipal area;"Head" means the Head of the relevant department dealing with development planning, environment and management who has been authorised by the Municipality as contemplated in terms of section 35(2) of SPLUMA to consider and determine land development applications;"IDP" means an Integrated Development Plan as contemplated in terms of section 25 of the Systems Act;"intervener" means an interested person who has been granted intervener status by a decision maker or the Appeal Authority in terms of section 86 of this By-law;"Joint Advisory Committee" means an advisory committee established in terms of section30 of this By-law comprising of municipal officials who are Registered Plannersand who make recommendations to a decision maker on land development applications;"land" means any erf, plot, stand, farm portion, or agricultural holding and includes any improvement or building on the land, any real right or share in land and includes land in the area of a Traditional Authority;"land development" means the change of use of land, including township establishment, the subdivision or consolidation of land or any deviation from the land uses or uses permitted in terms of the land use scheme;"land development application" means an application for land development lodged with the Municipality for consideration and decision making and “application” shall have a corresponding meaning;"land use" means the purpose for which land is or may be used lawfully in terms of the land use scheme, this By-law, an existing scheme or in terms of any other authorisation, permit or consent issued by a competent authority, and includes any conditions related to such land use purposes;"land use scheme" means the adopted scheme regulations and maps of each region, including the register of amendments to the scheme and “scheme” shall have a corresponding meaning;"local area plan" means an intermediary combination plan containing local area and functional area plans on a strategic level;"Municipality" means eThekwini Municipality, a category A Municipality as envisaged in terms of section 155(1) of the Constitution;"Municipal Manager" means a person appointed in terms of section 54A of the Systems Act as the head of administration of the Municipal Council;"Municipal Spatial Development Framework" means a spatial development framework adopted in terms of Chapter 5 of this By-law;"newspaper" means a local daily newspaper circulating in the region of the eThekwini Municipal area;"organ of state" means an organ of state as contemplated in terms of section 239 of the Constitution, and includes a state owned enterprise;"owner" means the person registered in the Deeds Registry as the owner of land, and includes the beneficial owner of the land, and the owner of land by virtue of vesting in terms of any applicable law;"package of plans" means a suite of plans which guides integrated planning in the Municipality as referred to in section 11 of this By-law;"person" includes natural and juristic persons, partnerships, trusts, body corporates, home owners associations and organs of state;"Planning and Development Act" means the KwaZulu-Natal Planning and Development Act, 2008 (Act No. 6 of 2008);"private road" refers to a street, thoroughfare, path or roadway where the naming rights for that road does not vest in the Municipality;"public road" refers to a municipal road where the naming rights for that road vests in the Municipality and includes a street, thoroughfare, path or roadway;"public open space" means any open place, park, street, road or thoroughfare or other similar area of land shown on a general plan or diagram which is for use by the general public and is owned by or vests in the Municipality or any other organ of state, and includes a public open space and a servitude for any similar purpose in favour of the general public;"public notice" means the notification of a land development application by publication of a notice in the newspaper, the display of a site notice, and service of a notice on adjoining owners, the ward councillor, organ of state and where applicable affected owners for the purposes of public participation in terms of Chapter 9 of this By-law;"Regional Co-ordinator" means a municipal official who is a Registered Planner dealing with land use and land use management;"Registered Planner" means a person who is registered as a professional planner or a technical planner as contemplated in the Planning Profession Act, 2002 (Act No. 36 of 2002) as amended;"Regional offices" means the five regional offices for the Durban Central, Durban South, Durban North, Inner West and Outer West regions;"relaxation" means an application for the relaxation of any building line, side or rear space as determined in terms of the land use scheme;"service" means the delivery of a notice, order or other document in terms of this Bylaw and “serve" shall have a corresponding meaning;"SPLUMA" means the Spatial Land Use and Management Act, 2013 (Act No. 16 of 2013);"SPLUMA office" means the Municipality’s Central office for the processing of applications and all matters relating to applications and appeals;"subdivision" means the division of land into two or more pieces;"Systems Act" means the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000);"Tribunal" means the Municipal Planning Tribunal established in terms section 38 of this By-law;"township" means land divided into 11erven or more and includes private and public open places and roads as indicated on the general plan; and"Traditional Authority" means the Traditional Council of any land administered in terms of traditional land use practices and situated within the eThekwini Municipal Area, and includes the Ingonyama Trust Board where applicable.2. Interpretation of By-law
If there is a conflict of interpretation between the English version of this By-law and a translated version, the English version prevails.Chapter 2
Objects of by-law
3. Objects of By-law
The objects of this By-law are to–Chapter 3
Application
4. Application of By-law
This By-law applies to all land which falls within the municipal area under eThekwini Municipality and is binding on all persons to the extent applicable.Chapter 4
Planning functions of the three spheres of government
5. Municipal planning
Municipal planning, as provided for in SPLUMA, consists of the following elements:6. Provincial planning
Provincial planning, as provided for in SPLUMA, consists of the following elements:7. National planning
National planning, as provided for in SPLUMA, consists of the following elements:Chapter 5
Municipal spatial development framework
8. Status of Municipal Spatial Development Framework
9. Preparation and application of Municipal Spatial Development Framework
10. Content of Municipal Spatial Development Framework
11. Package of plans
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