Johannesburg
South Africa
South Africa
Municipal Planning By-law, 2024
- Published in Provincial Gazette 117 on 3 April 2024
- Commenced on 3 April 2024
- [This is the version of this document from 3 April 2024 and includes any amendments published up to 1 November 2024.]
Preamble
WHEREAS section 156(1)(a) and (b) of the Constitution, 1996 (Act 108 of 1996) confers on municipalities the executive authority and the right to administer the local government matters listed in Part B of Schedule 4 and Part B of Schedule 5 to the Constitution and any other matter assigned to municipalities by National or Provincial legislation; andWHEREAS Part B of Schedule 4 to the Constitution lists “municipal planning” as a local government matter; andWHEREAS section 156(2) of the Constitution empowers municipalities to make and administer by-laws for the effective administration of the matters which it has the right to administer; andWHEREAS Parliament has enacted the Spatial Planning and Land Use Management Act, 2013 (Act 16 of 2013), which inter alia sets out development principles which apply to all organs of state and other authorities responsible for the implementation of legislation regulating the use and development of land.NOW THEREFORE the City of Johannesburg Metropolitan Municipality has adopted the following By-Law.Chapter 1
Definitions
1. Definitions
Chapter 2
Application of By-law , alignment of authorisations and general provisions applicable to an application
2. Application of By-law
3. Alignment of authorisations
4. Types of applications
5. Provisions and principles which shall guide and inform all land development applications
Chapter 3
Land use scheme and municipal spatial development framework
6. Land use scheme
7. Purpose and content of land use scheme
8. Legal effect of land use scheme
9. Amendment of land use scheme
10. Municipal spatial development framework
11. Content of municipal spatial development framework
12. Legal effect of municipal spatial development framework
Chapter 4
Municipal Planning Tribunal and authorised official
13. Establishment of Municipal Planning Tribunal
14. Composition of Municipal Planning Tribunal
15. Powers and functions of a Municipal Planning Tribunal
16. Classification of applications to be determined by the Municipal Planning Tribunal
Subject to section 18(3), the Municipal Planning Tribunal shall decide any opposed land development application referred to it in terms of the provisions of this By-law, or the City’s land use scheme or any other applicable law relating to land development.17. Authorised official
18. Classification of applications to be decided by the authorised official
Chapter 5
General requirements and application procedures for land development applications
Part 1 – Consent use and building line relaxation
19. Consent use
20. Building line relaxation
Part 2 – Amendment of Land Use Scheme (Rezoning) and matters related thereto
21. Amendment of land use scheme
22. Decision and post-decision procedures
23. Correction of errors or omissions
Where the City is of the opinion that any error or omission in an approved scheme relating to land situated within its area of jurisdiction may be corrected without the necessity of again following the provisions of sections 21 and 22 above, it may correct such error or omission by notice in the Provincial Gazette.24. Prohibition of a further application in certain circumstances
25. Contributions to be paid in respect of external engineering services and open spaces
Part 3 – Township establishment, division/phasing of an approved township, extension of boundaries of an approved township and matters related thereto
26. Township establishment
27. Authorisation of certain contracts and options
28. Decision and post-decision procedures
29. Prohibition of registration of certain deeds of transfer or endorsement on certain title deeds
30. Failure to comply with requirements of the City
Where an owner of land has, for a period of one year from the date he was requested in writing to comply with any requirement of the City in respect of an application envisaged in section 26(1) above, failed to comply, the City shall notify the owner of land of such failure and thereupon the application shall automatically lapse.31. Phasing of an approved township
32. Extension of boundaries of an approved township
Part 4 – Subdivision and/or consolidation of an erf in an approved township and the subdivision of any other land and matters related thereto
33. Subdivision and/or consolidation of an erf/erven in an approved township
34. Cancellation and amendment of conditions/plan, endorsement of certain documents by Registrar and access
35. Subdivision of any other land
36. Failure to comply with requirements of the City
Where an applicant has, for a period of one year from the date he was requested in writing to comply with any requirement of the City in respect of an application envisaged in section 35(1) above, failed to comply, the application shall automatically lapse.37. Prohibition of registration of certain deeds of transfer
Part 5 – Alteration, amendment or cancellation of general plan
38. Alteration, amendment or cancellation of a general plan application
39. Decision and post decision procedures
40. Effect of alteration, amendment or cancellation of general plan
Part 6 – Amendment, suspension or removal of restrictive or obsolete conditions or obligations, servitudes or reservations and matters related thereto
41. Amendment, suspension or removal of restrictive or obsolete conditions or obligations, servitudes or reservations in respect of land
42. Decision and post-decision procedures
43. Endorsements in connection with amendments, suspensions or removals of restrictions or obligations
44. Contributions to be paid in respect of external engineering services and open spaces
Where applicable, the provisions of section 19(7)(e) and (f) and subsection (10) of the same section, section 25 and section 33(7) and subsection (12) of the same section shall mutatis mutandis apply to an approval envisaged in section 42(1) above, as the case may be.Part 7 – Permanent closure of a public place or diversion of a street
45. Permanent closing of a public place or diversion of a street
Chapter 6
Engineering services, contributions and open spaces
Part 1 – Engineering services and Development contributions
46. Engineering services
47. Development contributions
Part 2 – Provision of land for open space and inclusionary housing
48. Provision of land for open space, payment in lieu of providing open space and inclusionary housing contribution
Chapter 7
Appeal authority and petition to intervene
49. Internal appeals
50. Hearing by appeal authority
51. Record of decisions
The appeal authority shall keep a proper record of all its decisions.52. Petition to be granted intervener status
Chapter 8
General provisions
53. Sectional Title Schemes
Notwithstanding the provisions of this By-law, the Registrar shall not register a sectional title scheme on any property unless the City has confirmed in writing that there has been compliance with this By-law, the City’s land use scheme and/or any other planning legislation that might still be in operation and applicable to the property in question.54. Approval or adoption of amendment scheme under certain circumstances
55. Documents, plans and diagrams and any other information to be submitted with land development applications under the provisions of this By-law
56. Continuation of application by new owner
57. Time frames for land development applications
58. Hearing of submissions, objections, comments or representations
59. Reasons for a decision
60. Naming and numbering of streets
61. Tariff of charges
62. Offences and penalties
63. Law enforcement
64. National and Provincial interest
65. Transitional provisions
66. Exemption
67. Administrative language
68. Validity of objections
69. Excision from Agricultural Holding Register
70. Short title and commencement
This By-Law is called the City of Johannesburg: Municipal Planning By-Law, 2016, and comes into operation on a date by proclamation in the Provincial Gazette.History of this document
03 April 2024 this version
Commenced
Cited documents 12
Act 12
1. | Local Government: Municipal Systems Act, 2000 | 4528 citations |
2. | Local Government: Municipal Structures Act, 1998 | 4395 citations |
3. | Deeds Registries Act, 1937 | 2814 citations |
4. | Local Government: Municipal Finance Management Act, 2003 | 1740 citations |
5. | Constitution of the Republic of South Africa, 1996 | 601 citations |
6. | Spatial Planning and Land use Management Act, 2013 | 142 citations |
7. | Land Survey Act, 1997 | 37 citations |
8. | Adjustment of Fines Act, 1991 | 20 citations |
9. | Black Communities Development Act, 1984 | 10 citations |
10. | Agricultural Holdings (Transvaal) Registration Act, 1919 | 6 citations |