Western Cape
South Africa
South Africa
Western Cape Land Use Planning Act, 2014
Act 3 of 2014
- Published in Western Cape Provincial Gazette 7250 on 7 April 2014
- Assented to on 31 March 2014
- Commenced on 1 July 2015
- [This is the version of this document from 23 June 2021 and includes any amendments published up to 16 May 2023.]
- [Amended by Western Cape Land Use Planning Amendment Act, 2021 (Act 4 of 2021) on 23 June 2021]
Commencements
[This Act commences on different dates for different municipal areas, as per section 79.]Date | Municipality | Commenced by |
---|---|---|
2015-07-01 | City of Cape Town (except sections 22(4), 25, 26, 27, 28(c) and 66(4)(c)) | Proclamation 9 of 2015 |
2015-08-01 | Bergrivier, Swartland | Proclamation 12 of 2015 |
2015-09-01 | George | Proclamation 13 of 2015 |
2015-10-07 | Beaufort West, Cape Agulhas, Hessequa, Langeberg, Saldanha Bay | Proclamation 18 of 2015 |
2015-12-01 | Bitou, Breede Valley, Laingsburg, Matzikama, Mossel Bay, Stellenbosch, Theewaterskloof | Proclamation 30 of 2015 |
2016-02-01 | Drakenstein, Overstrand, Swellendam | Proclamation 2 of 2016 |
2016-03-15 | Prince Albert, Witzenberg | Proclamation 5 of 2016 |
2016-04-25 | City of Cape Town (sections 22(4), 25, 26, 27, 28(c) and 66(4)(c)), Cape Winelands, Central Karoo, Eden, Kannaland, Overberg, West Coast | Proclamation 7 of 2016 |
2016-06-01 | Cederberg, Knysna | Proclamation 14 of 2016 |
2016-11-08 | Oudtshoorn | Proclamation 25 of 2016 |
Chapter I
Interpretation
1. Definitions
In this Act, unless the context indicates otherwise—"appeal authority" means an appeal authority of the municipality that considers an appeal against a municipal decision contemplated in Chapter IV;"Committee" means the Planning Advisory Committee that may be established under section 62;"competent authority" means a municipality, the Provincial Cabinet, the Premier, the Provincial Minister or the Head of Department, as the case may be, who considers an application, or performs a function, contemplated in this Act;"competent person" means a person who may make a land use application, as determined by the municipality concerned;"comply", in relation to a spatial development framework, a land use application or a land development application, has the meaning set out in section 19(1);"consent use" means a land use permitted in terms of a particular zoning with the approval of a municipality;"consistent", in relation to a spatial development framework, a land use application or a land development application, has the meaning set out in section 19(2);"Constitution" means the Constitution of the Republic of South Africa, 1996;"cultural significance" means cultural significance as defined in section 2 of the National Heritage Resources Act, 1999 (Act 25 of 1999);"Deeds Registries Act" means the Deeds Registries Act, 1937 (Act 47 of 1937);"Department" means the provincial department responsible for land use planning;"departure" means an altered development parameter granted on a permanent basis or a right to utilise land for a purpose granted on a temporary basis;"designated employee" means an employee of the Department designated in terms of section 68(1) to conduct an inspection and enforcement action;"development management" means the management of land development through the measures provided for in Chapters IV and V, and in Chapters VI to IX in so far as they apply to Chapters IV and V;"development parameter" means a provision or restriction in a zoning scheme that sets out the permissible extent of the land use in terms of a zoning;"diagram" means a diagram as defined in section 1 of the Land Survey Act, 1997 (Act 8 of 1997);"district municipality" means a district municipality as defined in section 1 of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998);"engineering service" means a system for the provision of water, sewerage, electricity, municipal roads, storm-water drainage and gas, and for solid waste collection and removal, required for the purpose of land development;"environment" means environment as defined in section 1 of the National Environmental Management Act, 1998 (Act 107 of 1998);"general plan" means a general plan as defined in section 1 of the Land Survey Act, 1997;"Head of Department" means the head of the provincial department responsible for land use planning;"heritage resource" means a place of cultural significance;"internal engineering service" means an engineering service owned and operated by a municipality or a service provider within the boundaries of a land area referred to in a land use application and that is necessary for the utilisation and development of the land;"land" means any erf or farm portion, and includes any improvement or building on the land and any real right in land;"land development" means the erection of buildings or structures on land, or the change in utilisation of land, including township establishment, the subdivision or consolidation of land or any deviation from the land use or utilisation permitted in terms of an applicable zoning scheme;"land development application" means an application to the Head of Department contemplated in Chapter V;"land unit" means a portion of land registered or capable of being registered in a deeds registry, and includes a servitude right or lease;"land use" means the purpose for which land is or may be utilised lawfully in terms of a zoning scheme or in terms of any other approval, permit or consent issued by a competent authority, and includes any conditions related to the land use;"land use application" means an application to a municipality contemplated in Chapter IV;"land use planning" means spatial planning and development management;"Less Formal Township Establishment Act" means the Less Formal Township Establishment Act, 1991 (Act 113 of 1991);"local municipality" means a local municipality as defined in section 1 of the Local Government: Municipal Structures Act, 1998;"metropolitan municipality" means a metropolitan municipality as defined in section 1 of the Local Government: Municipal Structures Act, 1998;"municipal area" means the area of jurisdiction of a municipality determined in terms of the Local Government: Municipal Demarcation Act, 1998 (Act 27 of 1998);"municipal manager" means a municipal manager as defined in section 1 of the Municipal Systems Act;"municipal spatial development framework" means a municipal spatial development framework contemplated in section 10;"Municipal Systems Act" means the Local Government: Municipal Systems Act, 2000 (Act 32 of 2000);"municipality" means a municipality as defined in section 2 of the Municipal Systems Act and—(a)includes a municipal department, the municipal council, the municipal manager or a decision-making authority of the municipality, where the context so requires;(b)in relation to a zoning scheme or a land use application, refers to the local municipality or the metropolitan municipality of the municipal area in which the land concerned is situated; and(c)in relation to any other municipal function or power, refers to the metropolitan municipality, the local municipality or the district municipality, as the case may be, which has the function or power in accordance with the division of functions and powers in terms of the Local Government: Municipal Structures Act, 1998;"Ordinance" means the Land Use Planning Ordinance, 1985 (Ordinance 15 of 25 1985);"organ of state" means an organ of state as defined in section 239 of the Constitution;"owner" means the person registered in a deeds registry as the owner of land or who is the beneficial owner in law;"person" means any natural or juristic person, including an organ of state;"prescribe" means prescribe by regulation under this Act;"Province" means the Province of the Western Cape;"provincial" means of or by the Provincial Government;"Provincial Government" means the provincial government of the Province;"Provincial Minister" means the Provincial Minister responsible for land use planning;"provincial regional spatial development framework" means a provincial regional spatial development framework contemplated in section 7;"provincial spatial development framework" means a provincial spatial development framework contemplated in section 4;"public place" means any open or enclosed place, park, street, road or thoroughfare or other similar area of land shown on a general plan or diagram that is for use by the general public and is owned by, or vests in the ownership of, a municipality, and includes a public open space and a servitude for any similar purpose in favour of the general public;"region" means a geographical area consisting of the municipal areas, or parts of the municipal areas, of —(a)more than one local municipality; or(b)a metropolitan municipality and one or more adjoining local municipalities;"register" means a register of a zoning scheme contemplated in section 24(c);"registered planner" means a professional or technical planner registered in terms of the Planning Profession Act, 2002 (Act 36 of 2002), unless the South African Council for Planners has reserved the work to be performed by a registered planner in terms of this Act for a particular category of registered persons in terms of section 16(2) of the Planning Profession Act, 2002, in which case a registered planner means that category of registered persons for whom the work has been reserved;"Registrar of Deeds" means the Registrar of Deeds of the Province contemplated in the Deeds Registries Act;"restrictive condition" means any condition registered against the title deed of land restricting the utilisation, development or subdivision of the land concerned, excluding servitudes creating real or personal rights;"rezoning" means an amendment contemplated in section 35 of a zoning scheme in order to effect a change of zoning in relation to a particular portion of land to another zoning provided for in the zoning scheme;"Rural Areas Act" means the Rural Areas Act (House of Representatives), 1987 (Act 9 of 1987);"servitude" means a servitude registered against a title deed of land;"spatial development framework" refers to a provincial spatial development framework, a provincial regional spatial development framework or a municipal spatial development framework;"spatial planning" means the planning for land use through the measures provided for in Chapter III, and Chapters VI to IX in so far as they apply to Chapter III, and includes the spatial manifestation thereof;"structure plan" means a structure plan that is in force in terms of section 16(1)(b) read with section 16(3) and (4);"subdivision", in relation to land, means the division of a land unit into more land units, and includes any physical activity on the land to prepare the land for subdivision, but does not include the preparation of a subdivision plan;"subdivision plan" means the plan contemplated in section 36(3)(b);"Surveyor-General" means the Surveyor-General of the Surveyor-General's Office of the Province, as contemplated in the Land Survey Act, 1997;"sustainable development" means sustainable development as defined in section 1 of the National Environmental Management Act, 1998;"this Act" includes the regulations made under this Act;"title deed" means any deed registered in a deeds registry recording the ownership of land or a real right in land;"township" means an area of land divided into erven, and may include public places indicated as such on a general plan;"use right", in relation to land, means the right to utilise that land in accordance with its zoning, a departure, consent use, condition of approval or any other approval granted in respect of the rights to utilise the land;"utilisation", in relation to land, means the use of land for a purpose or the improvement of land, whether lawful or not;"zone", when used as a verb in relation to land, means to designate the land for a particular zoning;"zoning" means a land use category regulating the utilisation and development of land and setting out—(a)the purposes for which land may be utilised; and(b)the development parameters applicable to that land use category, as determined by the applicable zoning scheme;"zoning map" means a map of a zoning scheme contemplated in section 24(d);"zoning scheme" means the instruments referred to in sections 22 to 24, or section 33, to zone, regulate and control land;"1984 Regulations" means the regulations made under section 66(1) of the Black Communities Development Act, 1984 (Act 4 of 1984), published under Government Notice R.1897/1986 in Government Gazette 10431 of 12 September 1986 and Provincial Notice 733/1989 in Provincial Gazette 4606 of 22 September 1989, in respect of all town planning schemes that are in existence immediately before the commencement of this Act.Chapter II
Functions of municipalities and provincial government
2. Functions of municipalities
3. Functions of provincial government
Chapter III
Spatial planning
Part 1 – Provincial spatial development framework
4. Provincial spatial development framework
5. Compilation, adoption, amendment or review of provincial spatial development framework
6. Initiation of amendment of provincial spatial development framework
The Head of Department may, on own initiative or on request, initiate the amendment of the provincial spatial development framework for approval by the Provincial Cabinet in accordance with the procedures contemplated in section 5(3)(b) and (c).Part 2 – Provincial regional spatial development frameworks
7. Provincial regional spatial development frameworks
8. Compilation, adoption, amendment, review or withdrawal of provincial regional spatial development frameworks
9. Initiation of amendment or withdrawal of provincial regional spatial development frameworks
The Head of Department may, on own initiative or on request, initiate the amendment or withdrawal of a provincial regional spatial development framework for approval by the Provincial Minister in accordance with the procedures contemplated in section 8(1).Part 3 – Municipal spatial development frameworks
10. Municipal spatial development frameworks
11. Adoption or amendment of municipal spatial development frameworks
The process adopted by a municipality in terms of section of the Municipal Systems Act relating to the adoption or amendment of its municipal spatial development framework must make provision for—12. Intergovernmental steering committee
13. Procedure without intergovernmental steering committee
14. Submission of municipal spatial development frameworks
A municipal manager must, within the period contemplated in section 32(1) of the Municipal Systems Act, submit the following to the Provincial Minister:15. Consistency between municipal spatial development frameworks
Part 4 – Transitional and general arrangements
16. Structure plans
17. Continuation of spatial development frameworks
If land situated in the municipal area of a municipality is incorporated into the municipal area of another municipality, a municipal spatial development framework in respect of that land remains applicable to the municipal area to which it applied before the incorporation until amended by the receiving municipality in accordance with this Chapter.18. Publication of spatial development frameworks
19. Compliance or consistency with, and deviation from, spatial development frameworks or structure plans
20. Records of spatial development frameworks
21. Integration of other plans, policy or frameworks
When the Provincial Government or a municipality is required to approve in terms of other legislation a plan, policy or framework affecting land use planning, the Provincial Minister or municipality may integrate that plan, policy or framework or an amendment thereof, with a relevant spatial development framework if—Chapter IV
Municipal development management
Part 1 – Zoning schemes
22. Zoning scheme for municipal area
23. Purpose of zoning schemes
The purpose of a zoning scheme is to at least—24. Contents of zoning schemes
A zoning scheme must make provision for at least—25. Compilation or amendment of zoning schemes
A municipality must compile or amend its zoning scheme by—26. Intergovernmental steering committee
27. Procedure without intergovernmental steering committee
28. Submission of zoning schemes
A municipality must, within 30 days of approval of a zoning scheme or amendment thereof, submit the following to the Premier:29. Coming into operation of zoning schemes
30. Permitted utilisation of land
No person may utilise or develop land unless the utilisation or land development is permitted in terms of a zoning scheme or an approval consistent with this Act and applicable by-laws.31. Records of zoning schemes
Each municipality must keep its zoning scheme updated and make the updated zoning scheme accessible to the public.32. Continuation of zoning schemes
If land situated in the municipal area of a municipality is incorporated into the municipal area of another municipality, a zoning scheme in respect of that land remains in force in the municipal area to which it applied before the incorporation until amended by the receiving municipality.Part 2 – Existing town planning and zoning schemes
33. Existing town planning and zoning schemes
Part 3 – Zonings and other use rights
34. Use rights
35. Rezonings, departures or consent uses
Part 4 – Subdivision
36. Subdivision of land
Part 5 – Public places
37. Public places
Part 6 – Consolidation of land units
38. Consolidation of land units
Part 7 – Restrictive conditions
39. Removal, suspension or amendment of restrictive conditions
Part 8 – Conditions
40. Conditions
41. Amendment of conditions
Part 9 – Procedures and decision-making
42. Minimum information to be submitted
An applicant in a land use application must submit at least the following to the municipality in respect of the land concerned:43. Publication of notices
44. Serving of notices
45. Provincial comment on land use applications
46. Maximum time for decision-making
47. Comments by organs of state
48. Fees for land use applications
When a municipality requires the payment of land use application fees, the fees must be consistent with minimum standards as may be prescribed.49. Basis of assessment of land use applications
When a municipality considers and decides on a land use application, the municipality must have regard to at least—50. Notification of municipal decisions
A municipality must, after taking a decision contemplated in this Chapter, at least—51. Appeals against municipal decisions
52. Provincial comment on appeals
Chapter V
Provincial development management
53. Provincial approval of land development
54. Decision of Head of Department
55. Basis of assessment of land development applications
When the Head of Department considers and decides on a land development application under section 54, the Head of Department—56. Appeal to Provincial Minister
57. Lapsing of land development approvals
Chapter VI
Land use planning principles
58. Application of land use planning principles
The land use planning principles set out in this Chapter apply to all organs of state responsible for the implementation of legislation regulating the utilisation and development of land and guide—59. Land use planning principles
Chapter VII
Exemptions and authorisations
60. Provincial exemptions and authorisations
61. Exemptions relating to subdivisions and consolidations
Chapter VIII
Planning Advisory Committee
62. Planning Advisory Committee
63. Composition of Committee
64. Term of office and conditions of service
65. Meetings of Committee
Chapter IX
General provisions
Part 1 – Assessment of land use planning matters
66. Assessments and recommendations by registered planners
Part 2 – Integrated procedures and decisions
67. Integrated procedures and decisions
Part 3 – Enforcement, offences and penalties
68. Powers to inspect and enforce
69. Warrant
A judge or a magistrate, upon being satisfied by information on oath that—70. Notice to remedy contraventions
If a designated employee finds that a person is—71. Contents of notice
The notice referred to in section 70 may—72. Remedying contraventions
73. Review by Provincial Minister
74. Offences and penalties
Part 4 – Delegations
75. Delegation of powers and assignment of duties
Part 5 – Regulations and guidelines
76. Regulations and guidelines
Part 6 – Repeal of laws, and savings and transitional provisions
77. Repeal of laws
78. Savings and transitional provisions
Part 7 – Short title and commencement
79. Short title and commencement
History of this document
23 June 2021 this version
01 July 2015
Commenced
31 March 2014
Assented to
Subsidiary legislation
Title | Numbered title |
---|---|
Western Cape Land Use Planning Regulations, 2015 | Provincial Notice 203 of 2015 |
Cited documents 20
Legislation 20
- Citation of Constitutional Laws Act, 2005
- Civilian Secretariat for Police Service Act, 2011
- Companies Amendment Act, 2011
- Competition Amendment Act, 2009
- Constitution of the Republic of South Africa, 1996
- Deeds Registries Act, 1937
- Local Government: Municipal Systems Act, 2000
- National Environmental Management Act, 1998
- National Heritage Resources Act, 1999
- Public Finance Management Act, 1999
- Western Cape Land Use Planning Act, 2014: Commencement in certain municipal areas
- Western Cape Land Use Planning Act, 2014: Commencement in certain municipal areas
- Western Cape Land Use Planning Act, 2014: Commencement in certain municipal areas
- Western Cape Land Use Planning Act, 2014: Commencement in certain municipal areas
- Western Cape Land Use Planning Act, 2014: Commencement in certain municipal areas
- Western Cape Land Use Planning Act, 2014: Commencement in certain municipal areas
- Western Cape Land Use Planning Act, 2014: Commencement in certain municipal areas
- Western Cape Land Use Planning Act, 2014: Commencement in certain municipal areas
- Western Cape Land Use Planning Act, 2014: Commencement in certain municipal areas
- Western Cape Land Use Planning Act, 2014: Commencement in certain municipal areas