Collections
Related documents
Kannaland
South Africa
South Africa
Municipal Land Use Planning By-law, 2015
- Published in Western Cape Provincial Gazette 7415 on 26 June 2015
- Commenced on 25 April 2016 by Commencement of the Western Cape Land Use Planning Act 3 of 2014 in Certain Municipal Areas
- [This is the version of this document from 10 October 2015 and includes any amendments published up to 29 November 2024.]
- [Amended by Municipal Land Use Planning: Correction (Provincial Notice 218 of 2015) on 10 October 2015]
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 79(1);“applicable period”, referred to in sections 17(5) and (6), 18(2), 19(5), 22(1) and 32(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 15(2) who makes an application to the Municipality as contemplated in that section;“application” means an application to the Municipality referred to in section 15(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 the Municipality;“date of notification” means the date on which a notice is served as contemplated in section 35 or published in the media or Provincial Gazette;“development charge” means a development charge contemplated in section 83 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;“internal engineering service” shall have the same meaning as stipulated in the Land Use Planning Act“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 the municipal manager of the Municipality;“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 Kannaland established by Establishment Notice 428/2000 in [Provincial Gazette number 4492] of 22 September 2000 issued in terms of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998), and where the context so requires, includes—(a)the Council;(b)another political structure or a political office bearer of the Municipality, authorised or delegated to perform a function or exercise a power in terms of this By-Law;(c)the Tribunal authorised or delegated to perform a function or exercise a power in terms of this By-Law;(d)the Municipal Manager; and(e)an authorised employee.“non-conforming use” means an existing land use that was lawful in terms of a previous zoning scheme but that does not comply with the zoning scheme in force;“occasional use”, in relation to departure, means a right to utilise land for a purpose granted on a temporary basis for a specific occasion or event;“overlay zone” means a category of zoning that applies to land or a land unit in addition to the base zoning and that—(a)stipulates additional development parameters or use rights that may be more or less restrictive than the base zoning; and(b)may include provisions and development parameters relating to—(i)primary or consent uses;(ii)base zoning;(iii)subdivision or subdivisional areas;(iv)development incentives;(v)density limitations;(vi)urban form or urban renewal;(vii)heritage or environmental protection;(viii)management of the urban edge;(ix)scenic drives or local areas;(x)coastal setbacks (where coastlines are involved); or(xi)any other purpose as set out in the zoning scheme;“owners’ association” means an owners’ association contemplated in section 29;“pre-application consultation” means a consultation contemplated in section 37;“restrictive condition” means any condition registered against the title deed of land restricting the use, development or subdivision of the land concerned:“service” means a service provided by the Municipality, any other organ of state or a service provider, including services for the provision of water, sewerage, electricity, refuse removal, roads, storm-water drainage, and includes infrastructure, systems and processes related to the service;“site development plan” means a dimensioned plan drawn to scale that indicates details of the proposed land development, including the site layout, positioning of buildings and structures, property access, building designs and landscaping;“social infrastructure” means community facilities, services and networks that meet social needs and enhance community well-being;“Spatial Planning and Land Use Management Act” means the Spatial Planning and Land Use Management Act, 2013 (Act 16 of 2013);“Spatial Planning and Land Use Management Regulations” means the Spatial Planning and Land Use Management Regulations: Land Use Management and General Matters, 2015 made under the Spatial Planning and Land Use Management Act published under Notice R239/2015 in Government Gazette 38594 of 23 March 2015;“subdivisional area” means an overlay zone that permits subdivision for the purposes of a subdivision application involving a change of zoning;“Tribunal” means the Municipal Planning Tribunal established in terms of section 70.2. 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
Development management
13. Determination of zoning
14. Non-conforming uses
15. Land development requiring approval
16. 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.17. Rezoning of land
18. Departures
19. Consent uses
20. Subdivision
21. Confirmation of subdivision
22. Lapsing of subdivision
23. Amendment or cancellation of subdivision plan
24. Exemption of certain subdivisions and consolidations
25. Ownership of public places and land for engineering services and social facilities
26. Closure of public places
27. 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―28. Certification by Municipality
29. Owners’ associations
30. Owners’ associations that cease to function
31. Consolidation of land units
32. Lapsing of consolidation
33. Removal, suspension or amendment of restrictive conditions
34. Endorsements in connection with removal, suspension or amendment of restrictive conditions
Chapter IV
Application procedures
35. Manner and date of notification
36. Procedures for applications
37. Pre-application consultation
38. Information required
39. Application fees
40. Grounds for refusing to accept application
The Municipality may refuse to accept an application if—41. Receipt of application and commencement of application process
42. Provision of additional information or documents
43. Withdrawal of application or power of attorney
44. Public notice in accordance with other laws and integrated procedures
45. Publication of notices
46. Serving of notices
47. Contents of notice
When notice of an application must be published or served in terms of this By-law, the notice must—48. Other methods of public notice
49. Requirements for petitions
50. Requirements for the submission of comments
51. Intergovernmental participation process
52. Amendments before approval
53. Further public notice
54. Liability for cost of notice
The applicant is liable for the costs of publishing and serving notice of an application in terms of sections 44, 45, 46, 48, 52 or 53.55. Right of applicant to reply
56. Written assessment of application
57. Decision-making period
58. Failure to act within period
Subject to sections 41(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 57(1) or (2).59. Powers to conduct routine inspections
60. Decisions on applications
An employee authorised by virtue of section 69, or the Tribunal, as the case may be, may in respect of an application contemplated in section 15(2)—61. Notification and coming into operation of decision
62. Duties of agent
63. Errors and omissions
64. Exemptions to facilitate expedited procedures
Chapter V
Criteria for decision-making
65. General criteria for consideration of applications
66. Conditions of approval
Chapter VI
Extension of validity period of approvals
67. Applications for extension of validity period
Chapter VII
Municipal planning decision-making structures
68. Municipal planning decision-making structures
Applications are decided by—69. Consideration of applications
70. Establishment of Tribunal
71. Composition of Tribunal for municipal area
72. Process for appointment of members for Tribunal for municipal area
73. Term of office and conditions of service of members of Tribunal for municipal area
74. Disqualification from membership of Tribunal
75. Meetings of Tribunal for municipal area
76. Code of conduct for members of Tribunal for municipal area
77. Administrator for Tribunal for municipal area
78. Functioning of Tribunal for municipal area
79. Appeals
80. Procedure for appeal
81. Consideration by Appeal Authority
Chapter VIII
Provision of engineering services
82. Responsibility for provision of engineering services
83. Development charges
84. Land for parks, open spaces and other uses
Chapter IX
Enforcement
85. Enforcement
86. Offences and penalties
87. Serving of compliance notices
88. Contents of compliance notice
89. Objections to compliance notice
90. Failure to comply with compliance notice
If a person fails to comply with a compliance notice, the Municipality may—91. Compliance certificates
92. Urgent matters
93. General powers and functions of authorised employees
94. Powers of entry, search and seizure
95. Warrant of entry for enforcement purposes
96. 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—97. Enforcement litigation
Whether or not the Municipality lays criminal charges against a person for an offence contemplated in section 86, and despite section 87, the Municipality may apply to the High Court for an interdict or any other appropriate order, including an order compelling that person to—Chapter X
Miscellaneous
98. Naming and numbering of streets
99. Repeal
The by-laws listed in Schedule 2 are repealed.100. Short title and commencement
History of this document
25 April 2016
10 October 2015 this version
Amended by
Municipal Land Use Planning: Correction
26 June 2015
Cited documents 7
Act 7
1. | Local Government: Municipal Structures Act, 1998 | 4464 citations |
2. | Spatial Planning and Land use Management Act, 2013 | 3362 citations |
3. | Promotion of Administrative Justice Act, 2000 | 2104 citations |
4. | Constitution of the Republic of South Africa, 1996 | 597 citations |
5. | Mental Health Care Act, 2002 | 368 citations |
6. | Electronic Communications and Transactions Act, 2002 | 352 citations |
7. | Tourism Act, 2014 | 296 citations |