SPLUMA Week 5 : Lecture 5 Principles, Institutions and the Legal Framework of Spatial Planning in South Africa

Foundation and Legislative Context of South African Planning

• The Constitution of the Republic of South Africa ($1996$) serves as the foundational pillar for spatial planning.

• The Constitution promotes three primary goals: cooperative governance, environmental protection, and equitable access to land and housing.

• Key primary legislation shaping the planning system includes:     - Municipal Structures Act ($1998$): This act establishes the various structures for municipal governance.     - Municipal Systems Act ($2000$): This introduces the Integrated Development Planning ($IDP$) process.     - Municipal Demarcation Act ($1998$): This determines the physical boundaries of municipalities.

• Planning operates within a distinct hierarchy of instruments across national, provincial, and municipal levels.

• Today's specific focus is the Spatial Planning and Land Use Management Act ($SPLUMA$) of $2013$, which provides the national framework for the country's planning and land use management.

Objectives and Goals of SPLUMA

• Formal Objective (Verbatim): "To provide a framework for spatial planning and land use management in the Republic; to specify the relationship between the spatial planning and the land use management system and other kinds of planning; to provide for the inclusive, developmental, equitable and efficient spatial planning at the different spheres of government; to provide for a framework for the monitoring, coordination and review of the spatial planning and land use management system; to provide a framework for policies, principles, norms and standards for spatial development planning and land use management; to address past spatial and regulatory imbalances; to promote greater consistency and uniformity in the application procedures and decision-making by authorities responsible for land use decisions and development applications; to provide for the establishment, functions and operations of Municipal Planning Tribunals; to provide for the facilitation and enforcement of land use and development measures; and to provide for matters connected therewith."

• Standardization and Consistency: SPLUMA aims to create a single, uniform planning system across the entire country to ensure consistency in procedures and decision-making.

• Intergovernmental Coordination: It clarifies the functional relationship and coordination between national, provincial, and municipal government spheres.

• Equity and Inclusion: The act ensures planning supports social inclusion and equitable access to land and opportunities, specifically addressing historical apartheid-era spatial inequalities.

• Sustainability and Efficiency: It encourages land development that balances economic, social, and environmental needs while ensuring efficient land use.

• Institutional Strengthening: It establishes formal structures such as Municipal Planning Tribunals ($MPT$) to professionalize and oversee development decisions.

Legal Application and Objects of the Act

• Section $2$: Application of the Act     - Section $2(1)$: SPLUMA applies to the entire territory of the Republic of South Africa.     - Constitutional Authority:         - Section $155(7)$ of the Constitution: Permits national government to regulate municipal planning.         - Section $44(2)$ of the Constitution: Permits national legislation to regulate provincial planning.     - Section $2(2)$ (Important Clause): This states that no other legislation may create a parallel or inconsistent planning system unless specifically allowed by SPLUMA, establishing it as the supreme national framework for planning.

• Section $3$: Objects of the Act     - Establishing a uniform spatial planning system.     - Promoting social and economic inclusion.     - Establishing development principles and national norms.     - Promoting sustainable and efficient land use.     - Encouraging cooperative governance across the three spheres.     - Redressing past spatial inequalities and promoting equity.

The Four Elements of the Spatial Planning System (Section $4$)

• According to Section $4$, the national spatial planning system consists of four core components:     1. Spatial Development Frameworks ($SDFs$): These are prepared at national, provincial, and municipal levels to guide long-term spatial development.     2. Development Principles, Norms and Standards: These provide the criteria and guidelines for making planning decisions.     3. Land Use Management: This is the practical implementation layer, typically managed through land use schemes (zoning schemes).     4. Land Development Procedures: These define the specific processes used to evaluate and approve development applications.

Chapter $2$, Section $7$: The Five Development Principles

• Spatial Justice     - Objective: "Past spatial and other development imbalances must be redressed through improved access to and use of land" — Section $7(a)(i)$.     - Focus: Correcting apartheid-era inequalities and promoting equitable access to services and land.     - Integration: Inclusion of informal settlements and former homeland areas into the formal planning system.     - Tenure: Supports secure tenure and inclusive management systems.

• Spatial Sustainability     - Objective: "Spatial planning and land use management systems must promote land development that is within the fiscal, institutional and administrative means of the Republic" — Section $7(b)(i)$.     - Environmental Protection: Protection of prime and unique agricultural land (Section $7(b)(ii)$) and alignment with environmental legislation (Section $7(b)(iii)$).     - Cost Consideration: Planners must consider the long-term costs of infrastructure and service provision (Section $7(b)(v)$).     - Containment: Promoting development in sustainable locations while limiting urban sprawl (Section $7(b)(vi)$).

• Spatial Efficiency     - Objective: "Land development optimises the use of existing resources and infrastructure" — Section $7(c)(i)$.     - Resource Optimization: Decisions must minimize negative financial, social, economic, and environmental impacts (Section $7(c)(ii)$).     - Streamlining: Procedures for development applications must be efficient with clear timeframes (Section $7(c)(iii)$).

• Spatial Resilience     - Objective: "Flexibility in spatial plans, policies and land use management systems must be accommodated to ensure sustainable livelihoods in communities most likely to suffer the impacts of economic and environmental shocks" — Section $7(d)$.     - Adaptability: Supports communities in responding to climate change, economic decline, or disasters.

• Good Administration     - Objective: "All spheres of government must ensure an integrated approach to land use and land development that is guided by the spatial planning and land use management systems" — Section $7(e)(i)$.     - Integration: Coordinated decision-making across departments (Section $7(e)(ii)$).     - Transparency: Clear policies and meaningful public participation (Section $7(e)(iv)$).     - Timeliness: Meeting legal requirements for land development timeously (Section $7(e)(iii)$).

Section $8$: Norms and Standards

• Objective: The Minister must prescribe norms and standards for land use management and land development consistent with the Act (Section $8(1)$).

• Purpose of Norms and Standards:     - Establish national guidelines (Section $8(2)(b)$).     - Promote efficiency and effective processes (Section $8(2)(c)$).     - Provide frameworks for analyzing existing land use patterns and guiding future planning (Section $8(2)(d)$).     - Facilitate monitoring and evaluation across the country (Section $8(2)(g)$).

Chapter $3$: Intergovernmental Support

• Section $9(1)$: The Minister must provide support and assistance to provinces and municipalities and monitor compliance with development principles.

• Roles and Responsibilities:     - National Government: Responsible for monitoring compliance with SPLUMA principles and standards.     - Provincial Government: Tasked with supporting and overseeing municipalities in implementing their planning systems (Section $10$).     - Municipal Differentiation: Recognizing that municipalities have varying capacities and resources (Section $11$).

Chapter $4$: Spatial Development Frameworks ($SDFs$)

• General Purpose: Section $12(1)$ mandates that all spheres must prepare $SDFs$ to represent their spatial vision. These frameworks guide land use decisions and infrastructure investment.

• Hierarchy of $SDFs$:     - National Spatial Development Framework ($NSDF$) (Sections $13$-$14$): Prepared by National Government. Provides the national vision and aligns national policies to guide provinces and municipalities.     - Provincial Spatial Development Framework ($PSDF$) (Sections $15$-$17$): Prepared by Provincial Government. Translates national policy into provincial strategy and coordinates municipal $SDFs$.     - Regional Spatial Development Framework ($RSDF$) (Sections $18$-$19$): Prepared by National Government in consultation with other spheres. Focuses on specific regions of strategic importance or regional development challenges.     - Municipal Spatial Development Framework ($MSDF$) (Sections $20$-$21$): Prepared by Municipalities. Identifies development nodes, corridors, infrastructure needs, and future land development patterns.

Chapter $5$: Land Use Management and Schemes

• "Wall-to-Wall" Schemes: Section $24(1)$ requires every municipality to adopt a single land use scheme for its entire area within five years of the Act’s commencement. This must include corridors, rural areas, informal settlements, and areas under traditional leadership.

• Key Components of a Land Use Scheme (Section $25$):     - A zoning map depicting land use zones.     - Scheme regulations defining development rights.     - A register of amendments to record zoning changes.

• Authority and Compliance (Section $26$):     - An approved scheme has the force of law.     - All landowners, municipalities, organs of state, and state-owned enterprises must comply.     - Land use is restricted to what is permitted by the scheme or an approved development application.

• Amendment Process (Section $28$): Schemes can be amended through rezoning, public participation, and alignment with the $MSDF$.

Future Outlook and Advanced SPLUMA Chapters

• Upcoming lectures will cover:     - Chapter $6$: Land Development Management: Focusing on development applications, Municipal Planning Tribunals ($MPTs$), and decision-making processes.     - Chapter $7$: General Provisions: Addressing regulations, enforcement (including transitional provisions), and Municipal Planning By-Laws.     - Local Implementation: How municipalities implement SPLUMA locally and the relationship between SPLUMA, provincial laws, and municipal by-laws.