uMhlathuze SPLUM Bylaw

uMhlathuze SPLUM Bylaw and Planning Applications

 

The uMhlathuze Spatial Planning and Land Use Management (SPLUM) Bylaw was adopted during 2017, and was reviewed during 2019.

 

The bylaw provides for:

-       the establishment of the Municipal Planning Approval Authority, Municipal Planning Appeal Authority and the Municipal Planning Enforcement Authority;

-       the adoption, repeal, review, extension and amendment of the Municipality’s land use scheme;

-       regulation and management of spatial and land use planning and development;

-       the categorisation of land development applications;

-       processes and procedures for land development applications;

-       appeals against decisions of the Municipal Planning Approval Authority;

-       offences, penalties and enforcement matters;

-       compensation and matters incidental thereto.

 

In terms of Section 27(1) of the Bylaw, planning applications are required for the following:

(a) application for an amendment of the land use scheme, including the zoning or rezoning of land;

(b) consent in terms of the land use scheme;

(c) the development of land that is situated outside the area of a land use scheme, if the development constitutes an activity contemplated in Item 3 of Schedule 2;

(d) the extension or replacement of a building on a property that is used for a purpose referred to in Item 3 of Schedule 2, notwithstanding that municipal planning approval was not required at the time that the use of the original building for that purpose commenced;

(e) the subdivision of land;

(f) township establishment;

(g) the consolidation of land;

(h) the notarial tying of adjacent properties;

(i) the permanent closure of a municipal road or a public place;

(j) the removal, amendment or suspension of a restrictive condition of title or a servitude;

(k) the correction of an error or non-material amendments, read with Sections 58(1) and 59(1) of this By-law, relating to an existing municipal planning approval granted in terms of this By-law or other legislation, deletion or addition of conditions in respect of an municipal planning existing approval granted or deemed to be granted in terms of this By-law;

(l) material amendments to or partial cancellation of a Municipal Planning Approval Authority’s decision on an application for municipal planning approval, or application for an Amending General Plan, read with Section 60A of this By-law;

(m) the approval of a land development application in phases;

(n) any land development activity in a traditional settlement area, excluding the erection of a household dwelling; and

(o) any other application provided for in this By-law.

 

The following documents aim to provide guidance to applicants in order to prepare and submit planning applications:

  1. Guideline Document - Schedule 5A application of the Bylaw - Applications in formalized areas 
  2. Guideline Document - Schedule 5B applications of the Bylaw -Applications in traditional settlement areas 
  3. The Pre-application checklist for documentation required
  4. Example of a planning motivation
  5. Example of a power of attorney
  6. Application Form
  7. Process flow Schedule 5A applications
    1. Pre-application 
    2. Schedule 5A applications 
    3. Schedule 5B applications 
    4. The Appeal Process 

 

Applications are also processed in terms of the Bylaw, read with relevant provisions of the uMhlathuze Land Use Scheme. Please refer to the following links to access the uMhlathuze Land Use Scheme:

-           uMhlathuze Scheme Regulations Document 

-           uMhlathuze Zoning Mapping

 

The following applications made in terms of the uMhlathuze SPLUM Bylaw, read with the provisions of the Scheme, are applicable:

  • Special Consent

  1. Process Flow
  2. Application Form
  3. Power of Attorney
  • Formal Authority 

  1. Process Flow
  2. Application Form
  3. Power of Attorney
  • Relaxation

  1. Process Flow
  2. Application Form
  3. Application Requirements
  4. Adjacent Owner's Consent Form
  5. Power of Attorney
 
 

 



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