Umngeni MUNICIPALITY

uMNGENI MUNICIPALITY

DRAFT COMPANION DOCUMENT
TO COVER THE REVIEW
OF THE URBAN COMPONENT OF THE DRAFT 2011 MUNICIPAL WIDE PLANNING SCHEME

SEPTEMBER 2011

MAY 2014

CONTENTS

1.  Introduction 1

2.  Background and Purpose of the Scheme 2

3.  Principles to Guide Land Use Management 2

4.  Objectives and Contents of the Scheme 4

5.  The Present Town Planning Scheme 6

6.  The Urban Component of the SDF 6

7.  Zone Rationalisation 14

8.  Operational Guidelines 14

9.  Methodology and Background to Act 70 of 1970 16

10.  Progress and the Way Ahead 17

ANNEXURE 1: Draft Zone Rationalisation Report

ANNEXURE 2: Draft Operational Guidelines

ANNEXURE 3: Provincial Guidelines for the Alteration, Suspension and Deletion of Restrictive Conditions

UMNGENI MUNICIPALITY: URBAN SCHEME REVIEW COMPANION DOCUMENT

uMNGENI MUNICIPALITY

DRAFT COMPANION DOCUMENT
TO COVER THE REVIEW
OF THE URBAN COMPONENT OF THE DRAFT 2011 MUNICIPAL WIDE PLANNING SCHEME

1.  INTRODUCTION

1.1  Separate adopted town planning schemes are presently in place for the former TLC areas of Hilton and Howick (which includes Mpophomeni) as well as the Worlds View area which presently falls under the Pietermaritzburg Town Planning Scheme. In addition, draft Town Planning Schemes which were never finally adopted exist for Lidgetton and Nottingham Road.

1.2  Council’s IDP includes a Spatial Development Framework (SDF) which in broad terms sets out the desired future spatial development pattern in the Municipality. As a result of annual reviews, the SDF has been refined considerably and identifies a primary node and two secondary nodes with broad urban land use designations, as well as broad rural land use designations for the balance of the Municipality.

1.3 As a separate but related initiative, the previous Council embarked on the formulation of a Land Use Management System (LUMS). Such formulation was undertaken under guidance of a LUMS Steering Committee. The SDF provides the basis for the LUMS which in turn covers the preparation of planning schemes.

1.4 The LUMS Steering Committee was re-established and a first meeting held on 3 February 2011. Work undertaken was presented and had been placed on CD’s which were duly distributed at this meeting.

1.5 A follow up meeting of the Steering Committee was held on 3 March 2011 where feedback from the first meeting was discussed. Issues relating mainly to the need to update environmental mapping and approach, have required further investigation.

1.6 Resulting from reservations on the part of the National and Provincial Departments of Agriculture with regard to the implementation of wall to wall schemes, it has been proposed that previous work undertaken be used as a basis for the creation of a single scheme for all urban areas in uMngeni that do not fall under the requirements of Act 70 of 1970.

1.7 Another objective is to achieve alignment with 2011 Provincial “Guidelines for the Preparation of Schemes for Municipalities”.

2. BACKGROUND AND PURPOSE OF THE SCHEME

2.1 The following information is based largely on that contained in the COGTA Overview Document of the Guidelines for the Preparation of Schemes within Municipalities, 2011 (Guidelines).

2.2 In terms of the Local Government Municipal Systems Act, Act 23 of 2000, municipalities have prepared Integrated Development Plans (IDPs) which cover the 5 year term of the Councillors. A required component of the IDP is a Spatial Development Framework (SDF) which is a forward planning document that includes guidelines for land use management.

2.3 A Land Use Management System (LUMS) refers to a system evolved to manage land and includes the SDF, a Scheme, rates system, bylaws, and licensing, amongst others.

2.4 A Scheme is one component of the LUMS and its purpose is described in the Guidelines as “a tool used by a Municipality to manage development according to the vision, strategies and policies of its IDP and SDF in the interests of the general public to promote sustainable development and quality of life”.

2.5 A Scheme is prepared in terms of the KwaZulu-Natal Planning and Development Act, 2008 (PDA). New or Revised Schemes must also be approved by the National Department of Agriculture in terms of the Subdivision of Agricultural Land Act, Act No. 70 of 1970, if they include agricultural land as defined in that Act.

3. PRINCIPLES TO GUIDE LAND USE MANAGEMENT

3.1 Input from the KwaZulu-Natal Provincial Department of Co-operative Governance and Traditional Affairs (COGTA) has indicated the need to set out principles to guide land use management.

3.2 The recently promulgated National Spatial Planning and Land Use Management Act (SPLUMA) contains such principles which are set out below:

(a)  The principle of spatial justice, whereby-

(i)  past spatial and other development imbalances must be redressed through improved access to, and use of land;

(ii)  spatial development frameworks and policies at all spheres of government must address the inclusion of persons and areas that were previously excluded, with an emphasis on informal settlements, former homeland areas and areas characterized by widespread poverty and deprivation;

(iii)  spatial planning mechanisms, including land use schemes, must incorporate provisions that enable redress in access to land by disadvantaged communities and persons;

(iv)  land use management systems must include all areas of a municipality and specifically include provisions that are flexible and appropriate for the management of disadvantaged areas, informal settlements and former homeland areas;

(v)  land development procedures must include provisions that accommodate access to secure tenure and the incremental upgrading of informal areas; and

(vi)  a Municipal Planning Tribunal considering an application before it, may not be impeded or restricted in the exercise of its discretion solely on the ground that the value of lands or property is affected by the outcome of the application;

(b)  The principle of spatial sustainability, whereby spatial planning and land use management systems must-

(i)  promote land development that is within the fiscal, institutional and administrative means of the Republic;

(ii)  ensure that special consideration is given to the protection of prime and unique agricultural land;

(iii)  uphold consistency of land use measures in accordance with environmental management instruments;

(iv)  promote and stimulate the effective and equitable functioning of land markets;

(v)  consider all current and future costs to all parties for the provision of infrastructure and social services in land developments;

(vi)  promote land development in locations that are sustainable and limit urban sprawl; and

(vii)  result in communities that are viable;

(c)  The principle of efficiency, whereby-

(i)  Land development optimizes the use of existing resources and infrastructure;

(ii)  decision-making procedures are designed to minimize negative financial, social, economic or environmental impacts; and

(iii)  development application procedures are efficient and streamlined and timeframes are adhered to by all parties;

(d)  The principle of spatial resilience, whereby flexibility in spatial plans, policies and land use management systems are accommodated to ensure sustainable livelihoods in communities most likely to suffer the impacts of economic and environmental shocks ; and

(e)  The principle of good administration, whereby-

(i)  all spheres of government ensure an integrated approach to land use and land development that is guided by the spatial planning and land use management systems as embodied in this Act;

(ii)  all government departments must provide their sector inputs and comply with any other prescribed requirements during the preparation or amendment of spatial development frameworks;

(iii)  the requirements of any law relating to land development and land use are met timeously;

(iv)  the preparation and amendment of spatial plans, policies, and land use schemes as well as procedures for development applications, include transparent processes of public participation that afford all parties the opportunity to provide inputs on matters affecting them; and

(v)  policies, legislation and procedures must be clearly set in order to inform and empower members of the public.

4. OBJECTIVES AND CONTENTS OF THE SCHEME

4.1 In terms of the Guidelines the objectives of Schemes are:

·  To designate desirable land uses and provide clarity on what may, or may not occur on a property and what may be considered at the discretion of the municipality

·  To promote the certainty of land use which protects property values and creates investor confidence

·  To promote, create and protect the amenity of the area

·  To resolve conflict between different land uses and to control negative externalities

·  To balance the interests of individuals with those of the public

·  To enable the co-ordinated and efficient use of land

·  To enable the efficient movement of persons and goods

·  To promote the economy

·  To protect natural resources (ecosystem services), including agricultural resources (high potential agricultural land)

·  To protect unique areas or features

·  To protect cultural resources and places of religious and cultural significance

·  To manage land generally, including change of land use

·  To provide a statutory basis for public involvement

·  To provide a means of enforcement

·  To ensure the reservation of land for longer-term uses.

4.2 A Scheme consists of a Scheme Map and a set of regulations by which land use is managed referred to as Scheme Clauses.

The Scheme Map depicts Zones which are areas set aside for a particular grouping of land uses. The Parent Zones set by the Guidelines, and used in the uMngeni Urban Scheme context are:

·  Residential

·  Commercial/Mixed Use

·  Civic and Social

·  Open Space

·  Industry

·  Urban Agriculture

·  Roads, Transportation and Access

·  Utilities and Services

·  Special Zones

The Scheme Clauses include controls that govern:

·  Those uses that are permitted, those that are permitted with the Special Consent of the Municipality, and those that are prohibited within each zone.

·  The shape and size of erven, the extent and positioning of buildings in each zone.

·  Control of existing uses that do not conform to the zoning controls, and other controls relating to general development and technical design.

The Scheme Clauses document contains a more detailed explanation of the above, and includes definitions for the Scheme Map and Clauses.

4.3 The Guidelines indicate that the regulations may be formulated as more general guidelines in policy based Schemes or specific rules in more prescriptive Schemes. It is proposed that the Urban Scheme be of a prescriptive nature whereas the remaining peri-urban and rural areas will be governed by a policy based Scheme to be evolved as a further phase, based on the extensive existing planning.

5. THE PRESENT TOWN PLANNING SCHEME

5.1  Council presently administers three town planning schemes:

●  The Hilton Town Planning Scheme, which covers the former Hilton TLC area

●  The Howick Town Planning Scheme which covers Howick, Merrivale and Mpophomeni

●  The Pietermaritzburg Town Planning Scheme in as far as it applies to World’s View.

5.2  Draft planning schemes were formulated for Lidgetton and Nottingham Road and although these were presented to and discussed extensively with the local communities, they were never formally adopted.

6. THE URBAN COMPONENT OF THE SPATIAL DEVELOPMENT FRAMEWORK

6.1 The uMngeni Spatial Development Framework (SDF) makes provision for a primary node and two secondary nodes, which include the areas presently under scheme control. The forward planning for these nodes were influenced by the following factors:

●  The Municipality’s Vision

●  Relevant objectives and strategies contained in the IDP’s Strategic Framework

●  General development informants

●  Council’s Integrated approach to development and Land use Management

●  Agricultural Production Potential

●  Environmental Priority Areas

6.2 Vision

The vision of the Municipality reads as follows:

“By 2030, uMngeni Municipality will a people focused, efficient and cost effective municipality able to provide quality services and sustainable socio-economic development.”

6.3 Objectives

The Strategic Framework contains a wide-ranging set of objectives and strategies which are aimed at addressing a number of key issues. The following objectives are especially relevant to the formulation of the SDF.

·  To ensure integrated development and strategic spatial planning

·  To ensure conservation and management of the natural resources of the municipality which includes biodiversity and water resources

·  To provide water, sanitation, electricity, solid waste and road services

·  To ensure provision of community and public facilities

·  To eradicate informal settlements

·  To facilitate the provision of formal housing

·  To ensure sustainable human settlement

·  To stimulate economic growth for the creation of jobs

·  To enhance tourism development

·  To support Small micro Medium Enterprise (SMMEs)

·  To facilitate and co-ordinate agricultural development

6.4 Development Informants

The application of general planning and development principles and objectives are influenced by the local context. The following development informants shaped the SDF

·  The strategic location of the municipality on the N3, providing a high level of accessibility between major urban centers and adjacent provinces.

·  High potential agricultural land which is the primary resource supporting the highly developed commercial agriculture sector.

·  The two existing urban Nodes (Howick / Mpophomeni and Hilton) which are concentrated in the south-eastern corner of the Municipality.

·  Secondary settlements (i.e. rural settlements) occur mainly along the R103.

·  The strategic location of the municipality along major tourism routes in terms of the Drakensberg and the Coast, promoting a well developed functional tourism industry, i.e. the Midlands Meander.

·  High quality recreation resources (e.g. Midmar Dam, Albert Falls, Karkloof Falls, scenic routes, etc.)

·  Relatively low levels of access to urban services and facilities for some rural communities.

·  Relatively low levels of participation in the local economy by low income communities.

·  Extensive areas of indigenous vegetation and water courses, requiring careful environmental management.

·  The majority of uMngeni Municipality occurs within the strategic quaternary catchment for water supply for the Durban-Pietermaritzburg economy.

6.5 Integrated Approach to Development and Land Use Management

Council has adopted an integrated approach to land use management, which seeks to: