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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

 

 

(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.