Spatial Planning & Land Use Management Act, No 16 of 2013

Transcription

1 Spatial Planning & Land Use Management Act, No 16 of 2013 DAFF CEO Steering Committee 13 Nov 2014

2 background ± Pre-1994 planning was designed to serve a different political idea segregation, differentiation, and privilege; ± Multiple laws, multiple institutions and parallel processes instituted by the pre pieces of legislation; ± Planning legislation were fragmented across the old boundaries of the then four (4) provincial administrations, homelands, and Self-Governing Territories (SGT); ± In 1994, South Africa inherited complex and disjointed planning systems which manifest in unequal, incoherent and inefficient settlement patterns; ± The Development Facilitation Act, 1995 (Act No. 67 of 1995) (the DFA ) was the first post-apartheid legislation promulgated as an interim measure to deal with the apartheid spatial legacy. ± The Spatial Planning and Land Use Management Act ( SPLUMA ) emerged through the Green Paper and White Paper processes to replace the DFA as the legislative instrument to regulate spatial planning and land use management in the country. ± In June 2010, the Constitutional Court found Chapters V and VI of the DFA to be invalid on grounds of unconstitutionality, hence the re-invigorating the need for national and provincial planning legislation. 1

3 Results why SPLUMA? ± Multiple and conflicting laws and interests, thus parallel tools, systems and institutions ± Incoherent regulatory systems, and uncoordinated vision of role-players ± No protection for the poor & no place for former homelands & rural/urban poor. Existing system is only for the privileged ± Lack of predictability in the land market ± Distorted settlement patterns, with poorest communities having to travel the longest distances ± Difficulty in the provision of efficient and viable public transport because of dispersed settlement patterns and low densities ± High infrastructure provision costs ± Inefficient use of large tracts of land including Agricultural land ± Our cities have been historically divided along racial lines, with the poorer communities situated away from job and economic opportunities and excluded from the social fabric of our cities. ± Our rural areas are characterized by dispersed settlement patterns, without access to basic infrastructure, including water, electricity and sanitation. 2

4 planning issues ± Who does what when it comes to land use planning? ± Constitution allocates land use planning and development powers to national, provincial & local government ± Wall-to-wall local government no division on basis of territory, but on basis of interests ± How to manage the confusion? ± Coherent regulatory framework desired outcomes ± Constitutional synergy (clear delineation, distribution & allocation of powers among spheres) ± Predictable and transparent regulatory system ± Clear, rational and efficient inter-linkages of sectoral and inter-sphere planning tools and policies 3

5 spatial planning national context Spatial planning involves critical thinking about space and places as the basis for action or intervention (RTPI, 2007). Spatial planning is a planning process that is inherently integrative and strategic, takes into account a wide range of factors and concerns and addresses how those aspects should be arranged on the land. All the three spheres must now develop SDFs and the possibility of a Regional SDF now exists. South Africa needs a spatial vision to inform development policy, specifically to: Tackle inherited spatial divisions. Unlock development potential. Guide and inform infrastructure investment and prioritisation. Manage contemporary economic and demographic shifts. Facilitate coordination between parts of government and other agents. (NDP, 2012:277) 4

6 Assumptions Assumptions underlying the SPLUMA Implementation Plan SPLUMA has significant implementation risks or challenges because: addresses a strategic priority of the Government, i.e the NDP; makes major or complex changes especially at Municipal sphere; involves significant inter-departmental or/and cross-sphere jurisdictional issues; is particularly sensitive, e.g. has a large number of conflicting stakeholders (its government-wide, affects many existing mandates, involves urban and rural land, has social, environmental & economic impacts, has or is likely to receive adverse media attention (SAPOA, SAPI, etc) or is particularly risky constitutional court judgment); requires urgent implementation (in the light of the risky constitutional court judgment); involves new or complex delivery systems; or has been developed over a very short period. 5

7 SPLUMA Fundamental Changes The enactment of SPLUMA has brought 7(seven) fundamental changes in spatial planning and land use management. These changes are the- Reiteration of the sole mandate of municipalities where municipal planning (land development, land use management) is concerned, placing municipalities as authorities of first instance invalidating inconsistent parallel mechanisms, parallel systems, measures or institution that existed dealing with land development application; Establishment and composition of Municipal Planning Tribunals and Appeals structures by municipalities to determine and decide on land development applications. Also providing municipalities with options for Tribunals and appeals structures to be created based on capacity. Development of a single and inclusive land use scheme for the entire municipality with special emphasis on municipal differentiated approach Development of respective SDFs by all three spheres of government, norms and standards guided by development principles. Development of Regional Spatial Development Framework as may be required; Strengthened intergovernmental support through enforcement, compliance and monitoring processes Alignment of authorisations processes where necessary on policies and legislation impacting land development applications and decision making processes. 6

8 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) other provisions (Chapter 7) Land Development Management (Chapter 6) Land Use Management through Schemes (Chapter 5) 7

9 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. 8

10 land use management Municipality is primarily 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 Act being brought into operation 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 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 9

11 land use management Linking SP & LUM Municipal Spatial Development Frameworks Municipal Land Use Schemes Land Use Management Systems Land Use Applications 10

12 inter-governmental relations In the City of Johannesburg Metropolitan Municipality, the Constitutional Court stated:- the government consists of three spheres: the national, provincial and local spheres of government. These spheres are distinct from one another and yet interdependent and interrelated. Each sphere is granted the autonomy to exercise its powers and perform its functions within the parameters of its defined space. Furthermore, each sphere must respect the status, powers and functions of government in the other spheres and not assume any power or function except those conferred on [it] in terms of the Constitution. See also Ss 40 & 41 of the Constitution 11

13 `multi-level' governance landscape Challenges Weaknesses in implementation of good planning principles especially at local levels, and inconsistencies between national policies Exploitation of weaknesses in planning strategies / guidelines by property developers and others (issue of excessive zoning) Unresolved issue: re public vs private gains arising from land rezoning Yet We see the emergence of spatial strategy making over older models of land-use blueprinting 12

14 National Sphere Responsibilities Key responsibilities of the Minister (as the designated authority to administer SPLUMA) includes: Norms and Standards - Minister may also at the request of another Minister prescribe norms and standards on sector-specific norms and standards. Intergovernmental Support - Monitor & support capacity of provinces and municipalities to implement Act. Spatial Development Frameworks - Compile/review the National Spatial Development Framework (NSDF) which is to be approved by Cabinet. Land Development - Provide guidance to achieve national norms and standards relating to Land Use changes. National Interest - Prescribe a set of criteria to guide the determination of land development applications which may be deemed to be of national interest (on the basis of sensitivities, national interest, scale, size, etc). 13

15 Responsibilities of Province Provincial spatial planning and land use management legislation; Support, monitor and strengthen capacity of municipalities to adopt and implement an effective system of land use management; Determine matters of provincial interest; Preparation of Provincial Spatial Development Framework; Participation in preparation of Regional Spatial Development Framework; Ensure consistency between Provincial Spatial Development Framework and Municipal Spatial Development Framework; and Evaluate municipal land use scheme to monitor municipal performance. 14

16 Responsibilities of Municipality Preparation and adoption of Municipal Spatial Development Framework; Provide general policy and other guidance in the development, preparation, adoption and amendment of a municipal land use scheme; Monitor and oversee the responsibilities of municipal and non-municipal officials in the implementation of the Act; Procedure for the participation of a traditional council in municipal land use management; Preparation, adoption, review and amendment of municipal land use scheme and municipal land use management; Establishment of joint municipal planning tribunal or municipal planning tribunal or authorised official to determine land development applications; and Establishment of executive authority of the municipality as the appeal authority or external body as appeal authority in place of executive authority. 15

17 Re-Engineering Municipal Planning In order for the Municipalities to implement the provision of SPLUMA and be able to deal with the above mentioned changes the Municipality is required to:- Choose the form of tribunal structure by either establishing the Municipal Planning Tribunal within the municipal structure or become part of a Joint Municipal Planning Tribunal with other municipalities in order to increase and strengthen capacity. Determine the Appeals Structure appropriate for the municipality, it could be the executive authority of the municipality or any external body /institution as may be authorised by the municipality as per Section 51 (6) or person delegated in terms of Section 56 of SPLUMA Categorise land development applications, those to be dealt with by the Municipal Planning Tribunal and those to be referred to the authorised official (authorised official has equal powers and functions as per Section 35 of SPLUMA) Review of delegations including the withdrawal of existing delegations and promulgation of new delegations. Review tariffs associated with land use management and land development processes Review of existing capacity both human and financial capacity (budget review to cover the appointment of complimentary staff with necessary qualification and expertise, running cost of the tribunal, Publications of notices, including Government Gazettes). Manage the appointment of Tribunal Members Set up an appropriate Land Use Management System (LUMS) taking cognisance of associated development pressures and ensuring that each LUMS component will be able to function effectively. 16

18 Why NSDF The development of the NSDF is particularly important for South Africa given the country s unjust and disjointed pattern of development manifested through huge spatial inequalities. The NSDF will allow for: more effective coordination of government and private sector initiatives to promote sustainable and equitable development; economic, social and environmental development opportunities and challenges; and a long-term, spatially focussed, development perspective. Central to the NSDF will be the facilitation of an efficient allocation of resources across South Africa to ensure that investment decisions are taken with common and agreed-to objectives. In this regard, the NSDF will seek to obtain a better understanding and analysis of the relationship between economic, environmental and social objectives and governmental investment across space. Moreover, the process of the development of the NSDF will be a comprehensive and consultative process that will further enhance development opportunities. 17

19 Objectives To Prepare a National Spatial Development Framework (NSDF): To specify broad spatial planning objectives and guiding principles for national, provincial, regional and local development; To improve governmental capacity to formulate, coordinate and implement integrated urban and rural development policies and programmes in order to address spatially unbalanced development; To set a national context for spatial planning at the provincial, regional and local level; To strengthen inter-sectoral coordination of the country s development within a spatial framework that provides the public/private sector with a clear context of Governmental investment decisions and commitments. 18

20 Project definition Key NSDF features: national it provides a national framework to guide policies, programmes and investment including public and private investment and budgets spatial it is concerned with the location of people, their work and other activities and with how different places relate to each other in space strategic it offers a broad, long-term, comprehensive view for achieving more balanced patterns of development Reflect the three pillars of sustainable development(social, economic and environment) and where what in space should be developed in future 19

21 Project Scope The NSDF development will cover the following aspects: Development of a spatial vision for the country and transnational linkages. A comprehensive status quo analysis The identification of key opportunities and challenges (areas) where interventions are critical Development of strategic interventions to address identified challenges Development of the National Spatial Development Framework 20

22 Approach identifying spatial priorities a series of guiding questions approach is not that of one big plan or prescribed perspective, but rather a series of perspectives for different dimensions and geographies, that is more about guiding and informing decision making and project selection or planning 21

23 NSDF - a spatial framework to guide national development and investment decisions NDP Sets the overall national development agenda and vision MTSF Defines the development trajectory and priorities of the Government Spatial Dimensions to: National Sector Plans PGDS/PSDF & Provincial Sector Plans IDPs & Municipal SDFs Through: Rigorous Analysis of the Space economy gggg Shared understanding of development opportunities & challenges Promoting focussed interventions & investments So as to: Strategic coordination across government in respect of shared mandates 22

24 NSDF Informants International and local desktop research to inform the supra-national, national and sub-national context, including learning from spatial targeting approaches and instruments within South Africa, the European Union, China and Brazil; The spatial economic analyses of the 23 Priority Districts and subsequent framework for infrastructure investment spearheaded by the DRDLR; An analyses of the spatial demography of labour, markets, skills and socio-economic vulnerable communities within the country; A spatial economic analyses of the key job drivers at municipal and regional level; An analyses of key elements, strengths and weaknesses of the spatial dimension of the national functional regional economic development network; Interpretation of relevant case studies; Published and unpublished works in the public domain such as academic journals, Government Commissioned Research, Departments Plans, SoE s Strategic documents, NPC Diagnostic Reports, PICC, IUDF, NDP, etc; Newly commissioned works on items identified by the DRDLR, Panel of Experts, Technical Working Groups, etc; A series of engagements and bi-lateral discussions (in process); and Inputs from general public, workshops, public participation process, commentaries from other experts, public and private sectors 23

25 Where does government need to direct and instigate specific interventions to optimise space-economy opportunities of specific job drivers? How can interventions be directed and targeted to extend South Africa s regional economic network to tap into the regional network? How can space economy interventions enable robust and sustainable functional regional networks and high level urban-rural/rural-rural value chains? Which areas can make a significant contribution to job creation for the respective job drivers in the short term? If undertaking/supporting/directing an initiative, how can that initiative be used to tap into benefits of regional value chains and potential for specific job drivers in the short term? In which regions can which job drivers be optimized over the short term? If government is undertaking an initiative, how can that initiative be rolled out to support long term economic development through extending and strengthening the inter-regional and regional functional economic network (into rural South Africa, beyond the borders)? If private sector and private-public partnership initiatives are undertaken, how can such initiatives be guided in order to support long term economic development through extending and strengthening the inter-regional and regional functional economic network (into rural South Africa, beyond the borders)? 24

26 Project Deliverables The Project is expected to produce the following key outputs: Situational analysis of spatial development Development scenarios outlining alternative strategies Assessment of key economic sectors Implementation Action Plan. 25

27 Proposed Working Groups Rural-urban interdependencies (led by DCoG and including National Treasury and Traditional Affairs) Infrastructural base (led by Transport and including Public Enterprises and Public Works) Social requirements (led by Human Settlements and including Social development, Higher Education and Training, Basic Education, Health, Sport and Recreation, Women, Children and People with Disabilities) Environmental aspects (led by Environmental Affairs and including Water and Sanitation, DAFF, and Energy) Economic realities (led by Economic Development and including Small Business Development, Tourism, Mineral Resources, Trade and Industry, Agriculture, Forestry and Fishery, Arts and Culture, Labour, Science and Technology) 26

28 Other Project Management Issues Relationship with Existing Works: This process must work closely with an align with key initiatives like the Presidential Infrastructure Coordinating Committee (PICC), The Industrial Participation Action Plan (IPAP), APAP, the New Growth Path, the National Transport Master Plan (NATMAP), the IUDF, etc Risks include: delays, lack of cooperation from role players, SCM, change of government & possible change of focus, etc, absence of critical data, wrong interpretation of spatial trends, rural- urban drifts, insufficient internal skills, etc A dedicated capacity will be built and sustained with the Branch SPLUM to drive and support this process. Timelines: Full details of all activities linked to timelines and specific deliverables (breaking down as per StratPlan / APP Targets) to be refined and presented to DG DDGs Forum. Participation by key departments and other sectors to ensure the NSDF as a truly national spatial framework. 27

29 Land Use Suitability Assessment Agriculture, mining, human settlements, urban development, etc are crucial for the growth of South Africa s economy. However, in cases whereby an area has a combination of potentials, how do decision makers choose between rapid economy growth or long term development? It is evident that certain land activities are practiced on unsuitable lands and even more are being proposed. A little has been done to predict land performance overtime according to specific types of use. A comprehensive assessment of land would then guide strategic land use decisions as a remedy to the problem. This approach will ensure linkages between land use and land suitability in order to select and adopt the best land use options. In order to give effect to SPLUMA and the principles thereof, it has become necessary to develop a land suitability assessment criteria which would assist municipalities and others land use regulators in determining which land use is most suitable for a proposed development. The criteria would also assist in preparing land use schemes and SDFs as they would have knowledge of what is more suitable and viable before undertaking the process The criteria or scientific basis for the selection of the most appropriate sustainable use for a particular area does not presently exist 28

30 concluding remarks ± Spatial planning and land use management are concerned with one specific dimension of land how land is used. ± The new legislation the Spatial Planning and Land Use Management Act 16 of 2013 introduces strategic and practical instruments, available to all spheres of government, to manage how land is used (development principles, spatial development frameworks, municipal land use schemes, municipal planning tribunals and appeal authorities). ± It ensures that these instruments are developed, used and changed in a transparent and inclusive way. ± It specifically ensures that all sectors, spheres and traditional leadership institutions are included in municipal land use management, which directly affects local communities. 29

31 Sunday Ogunronbi Branch: Spatial Planning & Land Use Management Department: Rural Development & Land Reform (f) 30