Spatial Planning and Land Use Management Act, 2013 (Act No. 16 of 2013)RegulationsSpatial Planning and Land Use Management Regulations: Land Use Management and General Matters, 2015Chapter 3 : Land Development and Land Use Applications18. Application where no town planning scheme or land use scheme applies |
| (1) | The owner of land located in a municipal area where no town planning scheme or land use scheme applies to that piece of land, if such owner wants to change the purpose of the land use from that which it is lawfully used for in terms of Schedule 2 of the Act to another purpose listed in that Schedule or formalise an existing lawful land use; the owner or such other person as referred to in section 45(1) of Act, must apply to the municipality in whose municipal area that land is located— |
| (a) | if there is a town planning scheme, for an incorporation of the land use in the town planning scheme; or |
| (b) | if there is no town planning scheme or land use scheme, for a change of the land use. |
| (2) | An application referred to in subregulation (1) must, amongst others, contain the following information: |
| (a) | a description of the land to which the application relates; |
| (b) | the land use requested and the reason therefor; and |
| (c) | any other information that the municipality may require. |
| (3) | The municipality must, if an application is received as contemplated in subregulation (1), determine whether the land to which the application relates was lawfully used or could have lawfully been used for a purpose listed in Schedule 2 of the Act. |
| (4) | The public participation procedures and the intergovernmental participation procedures for an application in terms of this regulation are the same as determined by the municipality for a land development and land use application. |
| (5) | The municipality must refer an application contemplated in subregulation (1) to the Municipal Planning Tribunal or authorised official for consideration and decision. |
| (6) | The Municipal Planning Tribunal or authorised official must consider, amongst others, the following when deciding an application— |
| (a) | whether that application is in conflict with the municipal spatial development framework; |
| (b) | whether or not the approval of the application is in conflict with or will impact negatively on the land uses of the pieces of land in the area surrounding the land to which the application relates; |
| (c) | whether the land to which the application relates is or is part of high potential agricultural land; and |
| (d) | whether granting the application will formalise an existing lawful land use. |
| (7) | The municipality must keep a record of decisions made by the Municipal Planning Tribunal and authorised official in terms of subregulation (1)(b) and the land use scheme, when developed, must reflect the land use approved by the Municipal Planning Tribunal and the authorised official. |