DEVELOPMENT ADMINISTRATION

The Development Administration Section is responsible for the administration of planning applications submitted in terms of the uMhlathuze Spatial Planning and Land Use Management Bylaw, 2017, and the Joint Municipal Planning Tribunal.

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