Emalahleni Rural SDF_Phase 4.pdf - Provincial Spatial ...

More documents

Recommendations

Info

EMALAHLENI MUNICIPAL SPATIAL DEVELOPMENT FRAMEWORK October 2010management schemes applicable across the extent of a so-called wall-to-wallLocal Municipality.Whilst it is clear in terms of the assignment of the function of MunicipalPlanning to Local Municipalities that these institutions are – in theory – to beregarded as the primary Land Use Regulators charged with spatial planningand land use management (that is, reviewing land development applicationsand overseeing land development processes, including settlement developmentand land use changes) in their areas of jurisdiction, the reality is that in areassuch as Emalahleni this does not happen (refer to the Phase 2 document formore on this).Therefore, the intention of these Land Use Management Guidelines in the caseof the Emalahleni SDF is to attempt to provide a set of “tools” that could beused – in tandem with existing legislation and Schemes – to assist, guide anddirect the activities of the Local Municipality in attempting to engender a morerigorous approach to land use management in both its urban and ruralconstituencies.A wholly new Land Use Management System is only likely to bepossible once the legal framework is in place but it is possible to setin place procedures and protocols based on adopted principlesrelating to best practice. This is the ultimate objective of theseguidelines.Accordingly, this section sets out some key elements to a more holisticapproach to land use management. These are noted as follows 1 : -• Firstly, in reflecting on the current land use management system(s) in place,a brief overview of the currently applicable legislation and relevant spatialplanning and land use management tools is provided;• Secondly, in considering the desired outcomes in relation to the settlementpattern and typical forms of land use arrangements found in Emalahleniproposed in this SDF, the importance of Land Use Management as an1NOTE: This chapter is substantially based on the Land Use Management Guidelines set out in theChris Hani D i s t r ic t S DF,which were formulated to respond to the current situation that prevails in all of the Local Municipalities in the district.activity that is central to achieving these outcomes and contributes directlyto economic and environmental sustainability is emphasized;• Thirdly, broad input is given on the need to manage relationships andformulate binding agreements and protocols on how to deal with land usemanagement issues in the Municipal area; and• Finally, in respect of the concern to ensure a more sustainable approach tourban and rural development, the following is set out: -o A proposed framework for categorizing different types ofsettlement and associating these with typical Levels ofService (LOS) provision is provided, based on previous work donefor Land Reform & Settlement Plans compiled for the Amathole andChris Hani District Municipalities, 2005;o Based on the guidelines suggested by the Eastern Cape BiodiversityConservation Plan, generic land use objectives are incorporated inrelation to the different land management classes identified in thePlan; ando In relation to the hierarchy of settlement set out in Phase 3, a broad setof guidelines is proposed that is based on the Guidelines set out in theChris Hani District SDF.2.3 CURRENT LEGAL INSTRUMENTS RELEVANT TO LAND USEMANAGEMENT IN EMALAHLENIThe area comprising the jurisdiction of the Emalahleni Municipality is acomplex, composite area comprising a variety of landscapes and land typesranging from formal, planned urban settlement (towns), informal settlement,and peri-urban and rural settlement (villages), as well as transformed, lessimpacted and almost pristine natural areas.As indicated, land use management across this variety of land forms is notundertaken in terms of a coherent and overarching or integrated land usemanagement system. In legal terms, land uses are subject to monitoring andregulation in terms of environmental laws that apply across the area but thatare, in reality, only enforced in certain areas (the formalised, urbansettlements).5 | Page
EMALAHLENI MUNICIPAL SPATIAL DEVELOPMENT FRAMEWORK October 2010Therefore, strictly speaking, land use management is only formally applied inthe proclaimed urban settlements (towns) of Lady Frere, Indwe and Dordrecht.In Lady Frere (comprising of the erven making up the town itself and itssurrounding commonage), the relevant legislation to be employed to carry outland use management is the so-called Transkei Townships Ordinance(Ordinance No. 33 of 1934) and the applicable Town Planning Scheme is knownas the “Standard Transkei Town Planning Scheme”.Figure 2.1: Land Use Management Legislation Applicable in EmalahleniEmalahleni MunicipalityIn the towns of Indwe and Dordrecht, the relevant legislation to be employed isthe Cape Provincial Land Use Planning Ordinance (Ordinance No. 15 of 1985)and the relevant Town Planning Regulations applicable in terms of thatOrdinance.Because it remains in effect at present, the Development Facilitation Act (No.67 of 1995) may also be used to effect land development processes and,importantly, this Act may be employed in both urban and rural contexts.However, in the rural settlement areas (communal areas) any material changein land use or any land development process that might result in a change insettlement or land use in a rural area must first be approved by the relevantcommunity residing in the area in terms of procedures prescribed by theregulations made in terms of the Interim Protection of Informal Land RightsAct (Act No. 31 0f 1996, known as IPILRA). This Act does not distinguishbetween “communal” or “rural” land and other land or land held by the Stateand land held by individuals or the private sector.The Department of Rural Development & Land Reform oversees the InterimProcedures governing development decisions concerning state land in the socalledrural areas, which require the consent of the Minister of RuralDevelopment & Land Reform as nominal owner of the land. The Act and theinterim procedures will remain in force until repealed.The Table below summarises the most notable laws applicable to land usemanagement in the Emalahleni Municipality at present: -LawCape Provincial Land Use PlanningOrdinance (Ordinance 15 of 1985)CommentThe Ordinance is used to regulatetownship establishment procedures,procedures relating to the subdivisionand consolidation of land, and therezoning of land.In terms of the Ordinance, a set ofstandard Town Planning SchemeRegulations is applicable inproclaimed towns within the districtthat do not have a standalone Scheme.6 | Page
Page 1: EMALAHLENI Spatial Development Fram
Page 4 and 5: EMALAHLENI MUNICIPAL SPATIAL DEVELO
Page 24: EMALAHLENI MUNICIPAL SPATIAL DEVELO
Page 27: EMALAHLENI MUNICIPAL SPATIAL DEVELO

Emalahleni Rural SDF_Phase 4.pdf - Provincial Spatial ...

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?