Spatial Planning and Land Use Management Act, 2013 (Act No. 16 of 2013)Chapter 5 : Land Use Management24. Land use scheme |
| (1) | A municipality must, after public consultation, adopt and approve a single land use scheme for its entire area within five years from the commencement of this Act. |
| (2) | A land use scheme adopted in terms of subsection (1) must— |
| (a) | include appropriate categories of land use zoning and regulations for the entire municipal area, including areas not previously subject to a land use scheme; |
| (b) | take cognisance of any environmental management instrument adopted by the relevant environmental management authority, and must comply with environmental legislation; |
| (c) | include provisions that permit the incremental introduction of land use management and regulation in areas under traditional leadership, rural areas, informal settlements, slums and areas not previously subject to a land use scheme; |
| (d) | include provisions to promote the inclusion of affordable housing in residential land development; |
| (e) | include land use and development incentives to promote the effective implementation of the spatial development framework and other development policies; |
| (f) | include land use and development provisions specifically to promote the effective implementation of national and provincial policies; and |
| (g) | give effect to municipal spatial development frameworks and integrated development plans. |
| (3) | A land use scheme may include provisions relating to— |
| (a) | the use and development of land only with the written consent of the municipality; |
| (b) | specific requirements regarding any special zones identified to address the development priorities of the municipality; and |
| (c) | the variation of conditions of a land use scheme other than a variation which may materially alter or affect conditions relating to the use, size and scale of buildings and the intensity or density of land use. |
| (4) | The local municipalities within a district municipality may by agreement request the district municipality to prepare a land use scheme applicable to the municipal areas of the constituent local municipalities within that district municipality. |