WESTERN CAPE LAND USE PLANNING ACT, 2014: PROGRESSIVE CHANGE BRINGS NEW OPPORTUNITIES
The new planning legislation in the Western Cape is regulated by legislation at all three spheres of government, namely:
- the Spatial Planning and Land Use Management Act, 2013 (Act 16 of 2013)(SPLUMA) and the Municipal Systems Act, 2000)(Act 32 of 2000) at national level,
- the Western Cape Land Use Planning Act, 2014 (Act 3 of 2014) (LUPA) and the Western Cape Land Use Planning Act Regulations, 2015 at Provincial level
- Municipal Bylaws on Land Use Planning at municipal level.
On 1 July 2015, and in accordance with proclamation notice No. 26 of 2015, SPLUMA was implemented across the Country. While the implementation of SPLUMA has initiated major changes in the planning legislation nationally, the planning legislation in the Western Cape is not designed to operate without the legislation of all three spheres of government being in place.
As such, the Department of Environmental Affairs and Development Planning (the Department) in consultation with the Provincial Minister of Local Government, Environmental Affairs and Development Planning, Minister Bredell has decided to follow a staggered implementation approach. LUPA will be implemented and the Land Use Planning Ordinance, 1985 (Ordinance 15 of 1985)(LUPO) and various other old order legislation relating to various aspects of land use planning, will be repealed in a staggered manner as and when Municipalities are ready.
In order to determine the readiness of a Municipality, each Municipality must achieve a set of actions before the Minister will consider recommending that the Premier repeals LUPO and various other order legislation relating to the various aspects of land use planning and implements LUPA in a particular Municipality. These actions include the following:
- Municipalities must have adopted and gazetted their Municipal By-law on Land Use Planning.
- Municipalities must be at an advanced stage of establishing their Municipal Planning Tribunal.
- Municipalities must have Council adopted delegations. This includes appointing the Authorised Officials(s) and adopting their categorisation of land use applications.
- Municipalities must have Council adopted tariff structures in place for receiving land use management applications in terms of the new legislation.
It is important to note that LUPO will continue to operate in a Municipality until the Premier has implemented LUPA in that particular Municipality. Once LUPA has been implemented and LUPO repealed, all land use planning applications will be submitted and processed in terms of that Municipality’s By-law on Municipal Land Use Planning.
The areas identified in GREEN indicate the municipalities which have completed the law reform process and are currently operating under LUPA, the LUPA Regulations and the Municipal Bylaw on Land Use Planning. The areas identified in RED indicate the municipalities which are still operating under LUPO. To view the Western Cape Government’s proposed Standard Draft By-Law on Municipal Land Use Planning, which is published for public comment until 28 October 2015 in terms of Section 14(2)(b) of the Municipal System Act, 2000, click here.
To access the relevant By-Law, select the Municipality on the map below.