Swartland
South Africa
South Africa
Municipal Land Use Planning By-law, 2017
- Published in Western Cape Provincial Gazette 7741 on 3 March 2017
- Commenced on 3 March 2017
- [This is the version of this document from 3 March 2017 and includes any amendments published up to 12 April 2024.]
Chapter I
INTERPRETATION AND APPLICATION
1. Definitions
In this by-law, unless the context indicates otherwise, any word or expression to which a meaning has been assigned in the Western Cape Land Use Planning Act, 2014 (Act 3 of 2014), has the meaning assigned to it in that Act and—"adopt", in relation to a spatial development framework, zoning scheme, policy or strategy, means the approval thereof by a competent authority;"agent" means a person authorised in terms of a power of attorney to make an application on behalf of the owner of land;"Appeal Authority" means the Appeal Authority contemplated in section 89(1); 29. "applicable period", referred to in sections 27(5) and (6), 28(2), (5) , 32(1) and 42(1), means the period that may be determined by the municipality in the conditions of approval subject to section 43(2)(b) of the Spatial Planning and Land Use Management Act or the period referred to in section 43(2)(a) of the Spatial Planning and Land Use Management Act;"applicant" means a person referred to in section 25(2) who makes an application to the municipality as contemplated in that section;"application" means an application to the municipality referred to in section 25(2);"authorised employee" means a municipal employee who is authorised in terms of delegated or sub-delegated authority by the municipality to exercise a power or perform a duty in terms of this by-law or to inspect land and buildings in order to enforce compliance with this by-law or the zoning scheme;"base zoning" means the zoning before the application of any overlay zone;"comments", in relation to comments submitted by the public, municipal departments and other organs of state and service providers on an application or appeal, includes objections, representations and petitions;"consolidation" in relation to land, means the merging of two or more adjacent land units into a single land unit, and includes the physical preparation of land for consolidation;"Council" means the municipal council of Swartland Municipality;"date of notification" means the date on which a notice is served as contemplated in section 45 or published in the media or Provincial Gazette;"development charge" means a development charge contemplated in section 93 as levied by the municipality;"emergency" includes a situation that arises from a flood, strong wind, severe rainstorm, fire, earthquake or industrial accident and that requires the relocation of human settlements;"external engineering service" means an engineering service outside the boundaries of a land area referred to in an application and that is necessary for the utilisation and development of the land;"Land Use Planning Act" means the Western Cape Land Use Planning Act, 2014 (Act 3 of 2014);"local spatial development framework" means a local spatial development framework contemplated in section 9;"Municipal Manager" means a person appointed in terms of section 54A of the Local Government: Municipal System Act, (Act 32 of 2000);"municipal spatial development framework" means a municipal spatial development framework adopted by the municipality in terms of Chapter 5 of the Municipal Systems Act;"municipality" means the municipality of Swartland established in terms of section 12 of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998), and includes—2. Application of by-law
This by-law applies to all land situated within the municipal area, including land owned by organs of state.Chapter II
SPATIAL PLANNING
3. Compilation or amendment of municipal spatial development framework
4. Establishment of project committee
5. Establishment of intergovernmental steering committee
If the Council establishes an intergovernmental steering committee, the municipality must, in writing, invite written nominations for representatives to serve on the intergovernmental steering committee from the following persons or organs of state—6. Procedure with intergovernmental steering committee
7. Procedure without intergovernmental steering committee
8. Functions and duties
9. Local spatial development frameworks
10. Compilation, adoption, amendment or review of local spatial development frameworks
11. Status of local spatial development frameworks
12. Structure plans
Chapter III
ZONING SCHEME, USE ZONES, USES AND ZONINGS
13. Application of zoning scheme
The zoning scheme applies to the entire Swartland municipal area and forms an integral part of this by-law.14. Purpose of zoning scheme
The purpose of the zoning scheme includes—15. Components of zoning scheme
The zoning scheme consists of the following components—16. Use zones
17. Zoning map
18. Preparation and approval of new zoning map
19. Rectification of errors on zoning map
20. Zoning scheme register
The municipality—21. Status of zoning map and exemption of the municipality from liability for an error
22. Zoning versus ownership
Chapter IV
DEVELOPMENT MANAGEMENT
23. Determination of zoning
24. Non-conforming uses
25. Land development requiring approval
26. Continuation of application after change of ownership
If land that is the subject of an application is transferred to a new owner, the new owner may continue with the application as the successor in title to the previous owner and the new owner is regarded as the applicant for the purposes of this by-law.27. Rezoning of land
28. Departures
29. Consent uses
30. Subdivision
31. Confirmation of subdivision
32. Lapsing of subdivision
33. Amendment or cancellation of subdivision plan
34. Exemption of certain subdivisions and consolidations
35. Ownership of public places and land for engineering services and social facilities
36. Closure of public places
37. Services arising from subdivision
Subsequent to the approval of an application for subdivision in terms of this by-law, the owner of any land unit originating from the subdivision must—38. Certification by municipality
39. Owners’ associations
40. Owners’ associations that cease to function
41. Consolidation of land units
42. Lapsing of consolidation
43. Removal, suspension or amendment of restrictive conditions
44. Endorsements in connection with removal, suspension or amendment of restrictive conditions
Chapter V
APPLICATION PROCEDURES
45. Manner and date of notification
46. Procedures for applications
47. Pre-application consultation
48. Information required
49. Application fees
50. Grounds for refusing to accept application
The municipality may refuse to accept an application if—51. Receipt of application and commencement of application process
52. Provision of additional information or documents
53. Withdrawal of application or power of attorney
54. Public notice in accordance with other laws and integrated procedures
55. Publication of notices
56. Serving of notices
57. Contents of notice
When notice of an application must be published or served in terms of this by-law, the notice must—58. Other methods of public notice
59. Requirements for petitions
60. Requirements for the submission of comments
61. Intergovernmental participation process
62. Amendments before approval
63. Further public notice
64. Liability for cost of notice
The applicant is liable for the costs of publishing and serving notice of an application in terms of sections 54, 55, 56, 58, 62 or 63.65. Right of applicant to reply
66. Written assessment of application
67. Decision-making period
68. Failure to act within period
Subject to sections 51(5), an applicant may lodge an appeal with the Appeal Authority if the authorised employee or the Tribunal fails to decide on an application within the period referred to in section 67(1) or (2).69. Powers to conduct routine inspections
70. Decisions on applications
An employee authorised by virtue of section 79, or the Tribunal, as the case may be, may in respect of an application contemplated in section 25(2)—71. Notification and coming into operation of decision
72. Duties of agent
73. Errors and omissions
74. Exemptions to facilitate expedited procedures
Chapter VI
CRITERIA FOR DECISION-MAKING
75. General criteria for consideration of applications
76. Conditions of approval
Chapter VII
EXTENSION OF VALIDITY PERIOD OF APPROVALS
77. Applications for extension of validity period
Chapter VIII
MUNICIPAL PLANNING DECISION-MAKING STRUCTURES
78. Municipal planning decision-making structures
Applications are decided by—79. Consideration of applications
80. Establishment of tribunal
81. Composition of tribunal for municipal area
82. Process for appointment of members for tribunal for municipal area
83. Term of office and conditions of service of members of tribunal for municipal area
84. Disqualification from membership of tribunal
85. Meetings of tribunal for municipal area
86. Code of conduct for members of tribunal for municipal area
87. Administrator for tribunal for municipal area
88. Functioning of tribunal for municipal area
89. Appeals
90. Procedure for appeal
91. Consideration by appeal authority
Chapter IX
PROVISION OF ENGINEERING SERVICES
92. Responsibility for provision of engineering services
93. Development charges
94. Land for parks, open spaces, parking and other uses
Chapter X
ENFORCEMENT
95. Enforcement
96. Offences and penalties
97. Serving of compliance notices
98. Contents of compliance notice
99. Objections to compliance notice
100. Failure to comply with compliance notice
If a person fails to comply with a compliance notice, the municipality may—101. Compliance certificates
102. Urgent matters
103. General powers and functions of authorised employees
104. Powers of entry, search and seizure
105. Warrant of entry for enforcement purposes
106. Regard to decency and order
The entry upon land or premises or in a building under this Chapter must be conducted with strict regard to decency and order, which must include regard to—107. Enforcement litigation
Whether or not the municipality lays criminal charges against a person for an offence contemplated in section 96, and despite section 97, the municipality may apply to a competent court for an interdict or any other appropriate order, including an order compelling that person to—Chapter XI
GENERAL PROVISIONS
108. Naming and numbering of streets
109. Repeal and replacement
110. Short title and commencement
This by-law is called the Swartland Municipality: Municipal Land Use Planning By-law and comes into operation on the date of publication thereof in the Provincial Gazette.History of this document
03 March 2017 this version
Cited documents 9
Legislation 9
- Constitution of the Republic of South Africa, 1996
- Electronic Communications and Transactions Act, 2002
- Local Government: Municipal Structures Act, 1998
- Local Government: Municipal Systems Act, 2000
- Mental Health Care Act, 2002
- Mineral and Petroleum Resources Development Act, 2002
- National Environmental Management Act, 1998
- Promotion of Administrative Justice Act, 2000
- Tourism Act, 2014