Mbizana
South Africa
South Africa
Spatial Planning and Land Use Management By-law, 2016
- Published in Eastern Cape Provincial Gazette 3614 on 4 March 2016
- Commenced on 4 March 2016
- [This is the version of this document from 4 March 2016 and includes any amendments published up to 15 March 2024.]
Chapter 1
Definitions, applicablity and conflict of laws
1. Definitions
In these By-Laws, unless the context indicates otherwise, a word or expression defined in the Act or provincial legislation has the same meaning as in these By-laws and -"Act" means the Spatial Planning and Land Use Management Act, 2013 (Act No. 16 of 2013);"appeal authority" means the executive authority of the municipality or any other body or institution outside of the municipality authorised by that municipality to assume the obligations of an appeal authority for purposes of appeals lodged in terms of the Act;"By-Law" mean this By-Law and includes the schedules attached hereto or referred to herein."communal land" means land under the jurisdiction of a traditional council determined in terms of section 6 of the Eastern Cape Traditional Leadership and Governance Act, (Act 4 of 2005) and which was at any time vested in -(a)the government of the South African Development Trust established by section 4 of the Development Trust and Land Act, 1936 (Act No. 18 of 1936), or(b)the government of any area for which a legislative assembly was established in terms of the Self-Governing Territories Constitution Act, 1971 (Act No. 21 of 1971);"consent" means a land use right that may be obtained by way of consent from the municipality and is specified as such in the land use scheme;"consolidation" means the joining of two or more pieces of land into a single entity;"Constitution" means the Constitution of the Republic of South Africa, 1996;"Council" means the municipal council of the Municipality;"departure" for the purposes of Part I of Chapter 5, means an application for a temporary deviation from, or permanent amendment of, land use scheme provisions applicable to land;"diagram" means a diagram as defined in the Land Survey Act, 1997 (Act No. 8 of 1997);"deeds registry" means a deeds registry as defined in section 102 of the Deeds Registries Act, 1937 (Act No. 47 of 1937);"file" means the lodgement of a document with the appeal authority of the municipality;"land" means -(a)any erf, agricultural holding or farm portion, and includes any improvements or building on the land and any real right in land, and(b)the area of communal land to which a household holds an informal right recognized in terms of the customary law applicable in the area where the land to which such right is held is situated and which right is held with the consent of, and adversely to, the registered owner of the land;"land development area" means an erf or the land which is delineated in an application submitted in terms of this By-law or any other legislation governing the change in land use and "land area" has a similar meaning;"Authorised Official" means an official who may consider and determine applications as contemplated in section 35(2) of the Act;"land use scheme" means the land use scheme adopted and approved in terms of Chapter 3 and for the purpose of these By-laws include an existing scheme until such time as the existing scheme is replaced by the adopted and approved land use scheme."Member of the Executive Council" means the Member of the Executive Council responsible for local government in the Province;"municipal area" means the area of jurisdiction of the Mbizana Municipality demarcated in terms of the Local Government: Municipal Demarcation Act, 1998 (Act No. 27 of 1998);"Municipal Manager" means the person appointed as the Municipal Manager of the Municipality in terms of section 54A of the Municipal Systems Act and includes any person acting in that position or to whom authority has been delegated;"Municipal Planning Tribunal" means the Municipal Planning Tribunal for the municipal area established in terms of section 33, the joint Municipal Planning Tribunal established in terms of section 45 or the District Municipal Planning Tribunal established in terms of section 49;"Municipality" means the Mbizana Municipality or its successor in title as envisaged in section 155(1) of the Constitution, established in terms of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998) and for the purposes of this By-law includes an employee or official acting in terms of a delegation issued under section 59 of the Municipal Systems Act, section 56 of the Act or section 182 of this By-Law;"objector" means a person who has lodged an objection with the Municipality to a draft municipal spatial development framework, draft land use scheme or a land development and land use application;"overlay zone" means a mapped overlay superimposed on one or more established zoning areas which may be used to impose supplemental restrictions on uses in these areas or permit uses otherwise disallowed;"Premier" means the Premier of the Province of Eastern Cape;"previous planning legislation" means any planning legislation that is repealed by the Act or the provincial legislation;"provincial legislation" means legislation contemplated in section 10 of the Act promulgated by the Province;"Province" means the Province of Eastern Cape referred to in section 103 of the Constitution;"Regulations" means the Spatial Planning and Land Use Management Regulations: Land Use Management and General Matters, 2015;"service provider" means a person lawfully appointed by a municipality or other organ of state to carry out, manage or implement any service, work or function on behalf of or by the direction of such municipality or organ of state;"spatial development framework" means the Mbizana Municipal Spatial Development Framework prepared and adopted in terms of sections 20 and 21 of the Act and Chapter 2 of this By-Law;"subdivision" means the division of a piece of land into two or more portions;"the Act" means the Spatial Planning and Land Use Management Act, 2013 (Act No. 16 of 2013), Spatial Planning and Land Use Management Regulations: Land Use Management and General Matters, 2015 and any subsidiary legislation or other legal instruments issued in terms thereof;"traditional communities" means communities recognised in terms of section 3 of the Eastern Cape Traditional Leadership and Governance Act, 2005 (Act No. 4 of 2005).2. Application of By-law
3. Conflict of laws
Chapter 2
Municipal spatial development framework
4. Municipal spatial development framework
5. Contents of municipal spatial development framework
6. Intention to prepare, amend or review municipal spatial development framework
A Municipality which intends to prepare, amend or review its municipal spatial development framework-7. Institutional framework for preparation, amendment or review of municipal spatial development framework
8. Preparation, amendment or review of municipal spatial development framework
9. Public participation
10. Local spatial development framework
11. Preparation, amendment or review of local spatial development framework
12. Effect of local spatial development framework
13. Departure from municipal spatial development framework
14. Record of and access to municipal spatial development framework and local spatial development framework
Chapter 3
Land use scheme
15. Applicability of Act
Sections 24 to 30 of the Act apply to any land use scheme developed, prepared, adopted and amended by the Municipality.16. Purpose of land use scheme
In addition to the purposes of a land use scheme stipulated in section 25(1) of the Act, the Municipality must determine the use and development of land within the municipal area to which it relates in order to promote -17. General matters pertaining to land use scheme
18. Development of draft land use scheme
19. Institutional framework for preparation, review or amendment of land use scheme
20. Council approval for publication of draft land use scheme
21. Public participation
22. Incorporation of relevant comments
23. Preparation of land use scheme
The project committee must, where required and based on the submissions made during public participation, make final amendments to the draft land use scheme, provided that; if such amendments are in the opinion of the Municipality materially different to what was published in terms of section 21(2), the Municipality must follow a further consultation and public participation process in terms of section 21(2) of this By-law, before the land use scheme is adopted by the Council.24. Submission of land use scheme to Council for approval and adoption
25. Publication of notice of adoption and approval of land use scheme
26. Submission to Member of Executive Council
After notice of the adoption of the land use scheme is published in terms of section 25 the Municipality must submit the approved land use scheme to the Member of the Executive Council for cognisance.27. Records
28. Contents of land use scheme
29. Register of amendments to land use scheme
The Municipality must keep and maintain a land use scheme register in a hard copy and electronic format as approved by the Council and it must contain the following but is not limited to:30. Amendment of land use scheme
Chapter 4
Institutional structure for land use management decisions
Part A – Division of Functions
31. Categories of applications for purposes of section 35(3) of Act
Part B – Authorised Official
32. Designation and functions of Authorised Official
Part C – Establishment of Municipal Planning Tribunal for Local Municipal Area
33. Establishment of Municipal Planning Tribunal for local municipal area
If the Municipality –34. Composition of Municipal Planning Tribunal for local municipal area
35. Nomination procedure
36. Submission of nomination
37. Initial screening of nomination by Municipality
38. Evaluation panel
39. Appointment of members to Municipal Planning Tribunal by Council
40. Term of office and conditions of service of members of Municipal Planning Tribunal for local municipal area
41. Vacancy and increase of number of members of Municipal Planning Tribunal
42. Proceedings of Municipal Planning Tribunal for local municipal area
43. Tribunal of record
44. Commencement date of operations of Municipal Planning Tribunal for local municipal area
Part D – Establishment of Joint Municipal Planning Tribunal
45. Agreement to establish joint Municipal Planning Tribunal
46. Composition of joint Municipal Planning Tribunal
47. Status of decision of joint Municipal Planning Tribunal
A decision of the joint Municipal Planning Tribunal is binding on both the applicant and the Municipality as if that decision was taken by a Municipal Planning Tribunal for a local municipal area.48. Applicability of Part C, F and G to joint Municipal Planning Tribunal
Part E – Establishment of District Municipal Planning Tribunal
49. Agreement to establish District Municipal Planning Tribunal
50. Composition of District Municipal Planning Tribunal
51. Status of decision of District Municipal Planning Tribunal
A decision of a District Municipal Planning Tribunal is binding on both the applicant and the Municipality as if that decision was taken by a Municipal Planning Tribunal for a local municipal area.52. Applicability of Part C, F and G to District Municipal Planning Tribunal
Part F – Decisions of Municipal Planning Tribunal
53. General criteria for consideration and determination of application by Municipal Planning Tribunal or Authorised Official
54. Conditions of approval
Part G – Administrative Arrangements and General Provisions
55. Administrator for Municipal Planning Tribunal for local municipal area
56. Reference to Municipal Planning Tribunal
Any reference to a Municipal Planning Tribunal in this Chapter is deemed to be a reference to a joint Municipal Planning Tribunal or a District Municipal Planning Tribunal, unless the context clearly indicates otherwise.Chapter 5
Development management
Part A – Types of Applications
57. Types of applications
A person may make application for the following in terms of this By-Law –58. Land use and land development
Part B – Subdivision
59. Application for subdivision
60. Phasing of subdivision
61. Lodging of subdivision for approval with Surveyor-General
62. Compliance with conditions of approval
63. Registration at Deeds Office
64. Extension of validity periods
65. Amendment or cancellation of subdivision plan
66. Exemption of subdivisions and consolidations
67. Services arising from subdivision
Subsequent to the granting of an application for subdivision in terms of this By-law the owner of any land unit originating from the subdivision must―Part C – Rezoning of land
68. Application for rezoning of land
Part D – Removal, Amendment or Suspension of Restrictive or Obsolete Condition, Servitude or Reservation Registered Against Title of Land
69. Requirements for amendment, suspension or removal of restrictive conditions or obsolete condition, servitude or reservation registered against title of land
70. Endorsements in connection with amendment, suspension or removal of restrictive conditions
Part E – Consolidation
71. Application for consolidation
72. Lapsing of consolidation and extension of validity periods
Part F – Permanent Closure of Public Place
73. Closure of public places
Part G – Consent Use
74. Application for consent use
Part H – Communal Land
75. Application for development on or change to land use purpose of communal land
Part I – Departures from Provisions of Land Use Scheme
76. Application for permanent or temporary departures
Part J – General Matters
77. Ownership of public places and land required for municipal engineering services and social facilities
78. Restriction of transfer and registration
79. First transfer
Where an owner of land to which a subdivision application relates is required to transfer land to the Municipality or an owner’s association, by virtue of a condition set out in the conditions to the approval of an application contemplated in section 54, the land shall be so transferred at the expense of the applicant upon the registration of the first erf portion or opening of a sectional title scheme.80. Certification by Municipality
81. National and provincial interest
82. Procedure subsequent to lapsing of conditional approval of subdivision
Chapter 6
General application procedures
83. Applicability of Chapter
This Chapter applies to all applications submitted to the Municipality in terms of Chapter 5.84. Procedures for making application
85. Information required
86. Application fees
87. Grounds for refusing to accept application
The Municipality may refuse to accept an application if—88. Receipt of application and request for further documents
The Municipality must—89. Additional information
90. Confirmation of complete application
91. Withdrawal of application
92. Notice of applications in terms of integrated procedures
93. Notification of application
94. Serving of notices
95. Content of notice
When notice of an application must be given in terms of section 93 or served in terms of section 94, the notice must contain the following information:96. Additional methods of public notice
97. Requirements for petitions
98. Requirements for objections, comments or representations
99. Requirements for intervener status
100. Amendments prior to approval
101. Further public notice
102. Cost of notice
The applicant is liable for the costs of giving notice of an application.103. Applicant’s right to reply
104. Written assessment of application
105. Decision-making period
The Municipal Planning Tribunal and the Authorised Official must, if no integrated process in terms of another law is being followed, consider and decide on the application within the period referred to in regulation 16(4) and (5) of the Regulations.106. Failure to act within time period
If no decision is made by the Municipal Planning Tribunal within the period required in terms of the Act, it is considered undue delay for purposes of these By-Laws and the applicant or interested person may report the non-performance of the Municipal Planning Tribunal or Authorised Official to the municipal manager, who must report it to the municipal council and mayor.107. Powers to conduct routine inspections
108. Determination of application
The Municipality may in respect of any application submitted in terms of this Chapter -109. Notification of decision
110. Extension of time for fulfilment of conditions of approval
111. Duties of agent of applicant
112. Errors and omissions
113. Withdrawal of approval
114. Procedure to withdraw approval
115. Exemptions to facilitate expedited procedures
Chapter 7
Engineering services and development charges
Part A – Provision and Installation of Engineering Services
116. Responsibility for providing engineering services
117. Installation of engineering services
118. Engineering services agreement
119. Abandonment or lapsing of application
Where an application is abandoned by the applicant or has lapsed in terms of any provision in terms of the Act, provincial legislation or conditions or this By-law, the engineering services agreement referred to in section 118 lapses and if the applicant had installed any engineering services before the lapsing of the application in terms of the engineering services agreement, he or she shall have no claim against the Council with regard to the provision and installation of any engineering services of whatsoever nature.120. Internal and external engineering services
For the purpose of this Chapter:Part B – Development Charges
121. Payment of development charge
122. Offset of development charge
123. Payment of development charge in instalments
The Municipality may -124. Refund of development charge
No development charge paid to the Municipality in terms of section 121 or any portion thereof shall be refunded to an applicant or owner: Provided that where the owner paid the applicable charge prior to the land use rights coming into operation and the application is abandoned in terms of section 119 the Municipality may, on such terms and conditions as it may determine, authorise the refund of development charges or any portion thereof.125. General matters relating to contribution charges
Chapter 8
Appeal procedures
Part A – Establishment of Municipal Appeal Tribunal
126. Establishment of Municipal Appeal Tribunal
127. Institutional requirements for establishment of Municipal Appeal Tribunal
128. Composition, term of office and code of conduct of Municipal Appeal Tribunal
129. Disqualification from membership of Municipal Appeal Tribunal
130. Termination of membership of Municipal Appeal Tribunal
131. Status of decision of joint Municipal Appeal Tribunal
A decision of a joint Municipal Appeal Tribunal relating to land located in the municipal area of the Municipality is binding on the parties to the appeal and the Municipality.Part B – Management of Appeal Authority
132. Presiding officer of appeal authority
The presiding officer of the appeal authority is responsible for managing the judicial functions of that appeal authority.133. Bias and disclosure of interest
134. Registrar of appeal authority
135. Powers and duties of registrar
Part C – Appeal Process
136. Commencing of appeal
An appellant must commence an appeal by delivering a Notice of Appeal on a form approved by the Council to the municipal manager and the parties to the original application within 21 days as contemplated in section 51 of the Act.137. Notice of appeal
138. Notice to oppose an appeal
A notice to oppose an appeal must clearly indicate:139. Screening of appeal
Part D – Parties to Appeal
140. Parties to appeal
141. Intervention by interested person
Part E – Jurisdiction of Appeal Authority
142. Jurisdiction of appeal authority
An appeal authority may consider an appeal on one or more of the following:143. Oral or written appeal hearing by appeal authority
An appeal may be heard by an appeal authority by means of a written hearing and if it appears to the appeal authority that the issues for determination of the appeal cannot adequately be determined in the absence of the parties by considering the documents or other material lodged with or provided to it, by means of an oral hearing.144. Representation before appeal authority
At the hearing of an appeal before an appeal authority, a party to the proceeding may appear in person or may be represented by another person.145. Opportunity to make submissions concerning evidence
The appeal authority must ensure that every party to a proceeding before the appeal authority is given a reasonable opportunity to present his or her case and, in particular, to inspect any documents to which the appeal authority proposes to have regard in reaching a decision in the proceeding and to make submissions in relation to those documents.Part F – Hearings of Appeal Authority
146. Notification of date, time and place of hearing
147. Hearing date
148. Adjournment
149. Urgency and condonation
150. Withdrawal of appeal
An appellant or any respondent may, at any time before the appeal hearing, withdraw an appeal or opposition to an appeal and must give notice of such withdrawal to the registrar and all other parties to the appeal.Part G – Oral Hearing Procedure
151. Location of oral hearing
An oral hearing must be held in a location within the area of jurisdiction of the municipality where the land affected by the decision is located, but may not be held in the office of the Municipal Planning Tribunal or the Authorised Official authorised in terms of section 35(2) of the Act whose decision is under appeal.152. Presentation of each party’s case
153. Witnesses
154. Proceeding in absence of party
155. Recording
Hearings of the appeal authority must be recorded in hard copy and electronic format.156. Oaths
Witnesses (including parties) are required to give evidence under oath or confirmation.157. Additional documentation
Part H – Written Hearing Procedure
158. Commencement of written hearing
The written hearing process commences with the issuance of a letter from the appeal authority to the parties establishing a submissions schedule.159. Presentation of each party’s case in written hearing
160. Extension of time
161. Adjudication of written submissions
Part I – Decision of Appeal Authority
162. Further information or advice
After hearing all parties on the day of the hearing, the appeal authority –163. Decision of appeal authority
164. Notification of decision
The registrar must notify the parties of the decision of the appeal authority, together with the reasons therefor within seven days after the appeal authority handed down its decision.165. Directives to Municipality
The appeal authority must, in its decision, give directives to the Municipality concerned as to how such a decision must be implemented and which of the provisions of the Act and the Regulations have to be complied with by the municipality as far as implementation of the decision is concerned.Part J – General
166. Expenditure
Expenditure in connection with the administration and functioning of the appeal authority must be defrayed from moneys appropriated by the applicable municipality.Chapter 9
Compliance and enforcement
167. Enforcement
The Municipality must comply and enforce compliance with—168. Offences and penalties
169. Service of compliance notice
170. Content of compliance notices
171. Objections to compliance notice
172. Failure to comply with compliance notice
If a person fails to comply with a compliance notice the Municipality may—173. Urgent matters
174. Subsequent application for authorisation of activity
175. Power of entry for enforcement purposes
176. Power and functions of authorised employee
177. Warrant of entry for enforcement purposes
178. Regard to decency and order
The entry of land, a building or structure under this Chapter must be conducted with strict regard to decency and order, which must include a person’s right to respect for and protection of his or her dignity.179. Court order
Whether or not a Municipality has instituted proceedings against a person for an offence contemplated in section 168, the Municipality may apply to the High Court for an order compelling that person to—Chapter 10
Transitional provisions
180. Transitional provisions
181. Determination of zoning
Chapter 11
General provisions
182. Delegations
Any power conferred in this By-law on the Municipality, Council or municipal manager may be delegated by the Municipality, Council and the municipal manager subject to section 56 of the Act and section 59 of the Local Government: Municipal Systems Act.183. Fees payable
Any fee payable to the Municipality in terms of this By-Law is determined annually in terms of section 24(2) of the Municipal Finance Management Act, 2003 read with sections 74 and 75A of the Municipal Systems Act and forms part of the By-Law to constitute the Tariff Structure of the Municipality.184. Policy, procedure, determination, standard, requirement and guidelines
185. Short title and commencement
History of this document
04 March 2016 this version
Cited documents 8
Legislation 8
- Constitution of the Republic of South Africa, 1996
- Deeds Registries Act, 1937
- Engineering Profession Act, 2000
- Local Government: Municipal Finance Management Act, 2003
- Local Government: Municipal Structures Act, 1998
- Mental Health Care Act, 2002
- Mineral and Petroleum Resources Development Act, 2002
- Promotion of Administrative Justice Act, 2000