Spatial Planning and Land Use Management Act, 2013 (Act No. 16 of 2013)

Regulations

Spatial Planning and Land Use Management Regulations: Land Use Management and General Matters, 2015

Schedules

Schedule 5 : Standard Categories of Land Development and Land Use Applications

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(1)Category 1 Applications are—
(a)the establishment of a township or the extension of the boundaries of a township;
(b)the amendment of an existing scheme or land use scheme by the rezoning of land;
(c)subject to subitem (3), the removal, amendment or suspension of a restrictive or obsolete condition. servitude or reservation registered against the title of the land;
(d)the amendment or cancellation in whole or in part of a general plan of a township;
(e)the subdivision and consolidation of any land other than a subdivision and consolidation which is provided for as a Category 2 application;
(f)permanent closure of any public place;
(g)any consent or approval required in terms of a condition of title, a condition of establishment of a township or condition of an existing scheme or land use scheme;
(h)any consent or approval provided for in a provincial law.

 

(2)Category 2 Applications are:
(a)the subdivision of any land where such subdivision is expressly provided for in a land use scheme;
(b)the consolidation of any land;
(c)the simultaneous subdivision, under circumstances contemplated in paragraph (a) and consolidation of land;
(d)the consent of the municipality for any land use purpose or departure or deviation in terms of a land use scheme or existing scheme which does not constitute a land development application;
(e)the removal, amendment or suspension of a restrictive title condition relating to the density of residential development on a specific erf where the residential density is regulated by a land use scheme in operation.

 

(3)The division of functions between an authorised official and a Municipal Planning Tribunal can be made as follows:
(a)All category 1 applications and all opposed category 2 applications must be referred to the Municipal Planning Tribunal.
(b)All category 2 applications that are not opposed must be considered and determined by the authorised official.

 

(4)        For the purposes of this Schedule-

(a)"consent" means a land use right that may be obtained by way of consent from the municipality and is specified as such in the land use scheme;
(b)"consolidation" means the joining of two or more pieces of land into a single entity; and
(c)"subdivision" means the division of a piece of land into two or more portions.