Chapter 7: Land Development Application Procedures


Chapter 7: Land Development Application Procedures



7.1 Introduction

The purposes of this chapter are threefold:

- To guide the developer through the various land development application procedures;

- To familiarise the developer with the current legislation affecting land development; and

- To introduce the developer to the proposed changes in legislation affecting land development. For the purposes of this chapter, land development application procedures have been divided into four different categories, namely:

Rural freehold
This category comprises predominantly agricultural land within the former Natal, and excludes areas of KwaZulu which were set aside for settlement of black persons, South African Development Trust (SADT) land, Japie Uys towns and informal settlements.

Rural community
This category includes all areas, outside of proclaimed R293/63 townships, comprising the former self-governing state of KwaZulu. Rural conservation
This category includes all areas falling into formally proclaimed conservation areas in KwaZulu-Natal. These conservation areas are now managed by KwaZulu-Natal Wildlife.

Urban freehold
This category comprises the former white owned areas of Natal, and excludes all land areas under comprising the former self- governing state of KwaZulu.

The proclaimed townships of the former self-governing state of KwaZulu represent a potential fifth category. However, since these areas provide a more limited scope for tourism development, the relevant land development application procedures are not covered in this edition of the Developer's Guide.

7.1.1 Existing Legislation and Procedures

Land development application procedures have, in the past few years, become increasingly complicated due to the introduction of new legislative procedures. For example, applications within the former Natal, concerning both urban and rural areas, were until recently based on the requirements of the Town Planning Ordinance No.27 of 1949. However, the new national Development Facilitation Act (DFA) No.67 of 1995 can now be applied where the extraordinary powers of the Development Tribunal are required. Thus at present, the developer is faced with two different development application scenarios. More details regarding the DFA and the Development Tribunal can be found later in this chapter.

The KwaZulu-Natal Planning and Development Act No. 5 of 1998 (PDA), which was due to come into operation in May 2001, would have provided an additional dimension in terms of land development procedures. This Act was to replace the Town Planning Ordinance, and would apply to the entire province in parallel with the DFA. The PDA has been approved by parliament, in June 1998, and was scheduled to have come into operation at a much earlier date, but delays have occurred during the compilation of the KwaZulu-Natal Planning and Development Regulations. It appears that this piece of legislation which has not yet been enacted, has been superceded by the Land Use Management System (LUMS) (TRPC, 2001).

Although this review of legislative changes could be interpreted as being simplistic, it does serve as an introduction to the complexities involved in planning tourism developments. It is therefore strongly recommended that prospective developers familiarise themselves with all the different application procedures and legislation presented in this chapter.

In order to guide the developer through the maze of legislation, the following section with hyper links can be used to identify the procedures and legislation associated with each of the four land development categories, namely urban freehold, rural freehold, rural community and rural conservation.

Urban Development:

Development falls within a town planning scheme:
- Rezoning Application
- Special consent
- Sub-division application

Development falls outside a town planning scheme:
- KwaZulu-Natal Planning and Development Act
- Development Facilitation act No 67 of 1995
- *Town Planning Ordinance No 27 of 1949:
One lot - Development Application;
2 - 10 lots - Development Application & Sub-Division Application
10 lots+ - Need & Desirability Application,Sub Division Application & Development Application

* - Legislation scheduled to fall away on 30 April 2001 # - New Legislation scheduled for implementation on 1 May 2001

Rural Development:

Conservation Areas:
KZN Wildlife

Community:
- KZN Planning and Development Act
- Development Facilitation Act No 67 of 1995
- KwaZulu-Natal Land Affairs Act No 11 of 1992
- *Town Planning Ordinance No 27 of 1949:
One lot - Development Application;
2 - 10 lots - Development Application & Sub-Division Application
10 lots+ - Need & Desirability Application, Sub Division Application & Development Application

Freehold:
- KZN Planning and Development Act
- Development Facilitation Act No 67 of 1995


* - Legislation scheduled to fall away on 30 April 2001 # - New Legislation scheduled for implementation on 1 May 2001

 

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