The KwaZulu-Natal Planning and Development Act, 2008 Schemes and Other Legal Instruments e.g. By-Laws

INSTRUMENTS FOR PLANNING AND DEVELOPMENT

• Binding instruments: – Schemes – By-laws – Licencing – Conditions of approval – Title deed – Articles of home owner association • Non-binding instruments: – Guidelines

SCHEMES CONTENT

• Section 5 of the PDA: – Land use and development permitted, including: • Associated building controls – Land use and developments permitted with municipality’s consent and, including: • Criteria for considering application • Associated building controls – Land use and developments that are not permitted (will require a scheme amendment in order to be permitted)

SCHEMES: TEST IF APPROPRIATE INSTRUMENT

– Is the matter a land use or a development?

– Is the matter a building control i.e. something that restricts a building (usually something that a building plan must comply with)?

– Can I use the enforcement mechanisms of the PDA to control the matter?

• Contravention notice • Prohibition order • Urgent preventions order • Demolition • Restoration

OTHER BINDING INSTRUMENTS (Slide 1)

• By-laws: – For example: Signage, dumping of garden refuge, removal of indigenous trees, storm water runoff, temporary storage of material for road construction, landscaping, interior and appearance of buildings – Test: Matters of a general nature that cannot effectively be controlled by a scheme • Licencing (Acts or by-laws): – For example: Business licence, health permits – Controls noise levels through business hours, emission of gasses levels etc.

OTHER BINDING INSTRUMENTS (Slide 2)

• Conditions of approval: – Mainly in respect of engineering services – For example: Upgrading of road network – Test: Prior to development in scheme area • Title deed: – Avoid as much as possible – For example: Restraint on free alienation, road access servitude, and access to facilities on neighbouring property – Test: Unique to that particular property (not repetitive)

OTHER BINDING INSTRUMENTS (Slide 3)

• Articles of home owners association: – For example: Keeping of pets, use of quad bikes, style of architecture – Test: Domestic issues

GUIDELINES

• Non-binding • Do not mix with binding instruments in the same document due to presumption in favour of least onerous interpretation (binding document should only be rights and obligations, not explanations and guidance) • If it absolutely has to be in a binding document, make it a separate schedule • Test: For information purposes only (no right or obligation)