Transcript General SPLUMA Presentation - Home
overview of presentation
± Overview of SPLUMA ± Quick updates on progress with the Spatial Planning and Land Use Management Act (SPLUMA); ± propose sections to be brought into operation in the short term; and ± Overview of National Change Management Strategy ± To introduce the draft Implementation Management Template for SPLUMA and ± Implications for Municipalities Change
what is SPLUMA?
SPATIAL PLANNING AND LAND USE MANAGEMENT ACT (Act 16 OF 2013)
Single piece of NATIONAL legislation for the ENTIRE country
SPATIAL PLANNING and LAND USE MANAGEMENT (Uniformity, Effectiveness, Comprehensive)
what does SPLUMA entail ?
A Framework for a Planning System for the country (sec 2[2])
Dev Principles (sec 7) Policies and Legislation (sec 6) Spatial Development Planning & Frameworks other provisions (Chapter 7) (Chapter 4) Land development Management (Chapter 6) Land Use Management through Schemes (Chapter 5)
tools & instruments
the Act introduces provisions to cater for:
† † † † † † †
Development Principles; Norms and Standards; Inter-Governmental Support; Spatial Development Frameworks (SDFs) across National, Provincial, Regional & Municipal scales; Land Use Schemes; Municipal Planning Tribunals; and Applications affecting National Interests.
chapter 1 - introductory provisions
Definitions (Sec 1) Application of Act (Sec 2) Objects of Act (Sec 3)
• • • • • • Uniform, Effective, Comprehensive system Social, economic inclusion Development principles, Norms & Standards Sustainable Development Cooperative Governance Redress Imbalances of the Past
chapter 1 - introductory provisions
Spatial Planning System
(sec 4) 1.
2.
3.
4.
Spatial Development Frameworks Development Principles, Norms and Standards Management of land use Land development management
Categories of Planning
(sec 5) • • • National Spatial planning and policies (National Spatial Development Framework) National planning & Regulation relating to land use Policies and legislation to support other spheres • • • • Provincial Provincial SDF Provincial planning relating to land use Policies and legislation to implement provincial legislation Monitoring compliance of local government land use management system • • • Municipal Integrated development plan (IDP) SDF and other components of IDP Control & regulation of land use
chapter 2 – development principles & norms and standards
• • • • •
The principle of spatial justice The principle of spatial sustainability The principle of efficiency The principle of spatial resilience The principle of good administration
chapter 3 – intergovernmental support
• • National government – Must provide support and assistance, create capacity: Sec 9 (1) (a) – Must monitor compliance of municipalities and provinces: Sec 9 (1) (b) – Must develop mechanisms to support and strengthen: Sec 9 (2) • Municipal differentiation Provinces – Provincial legislation – May support municipalities SDF, LUM etc – – Resolve disputes Monitor municipalities and provide support
chapter 4 – spatial development frameworks
† † † † † † † An SDF is a framework that seeks to guide overall spatial distribution of current and desirable land uses within a sphere/municipality in order to give effect to the development vision, goals and objectives.
The aims of SDF include to promote sustainable functional and integrated human settlements, maximise resource efficiency, and enhance regional identity and unique character of a place.
All the three spheres must develop SDFs; SDF must give effect to National, Provincial or Municipal Planning; Aligned to and consistent with the frameworks of other spheres; Reviewable every 5 years and, Must involve public participation.
overview of plans
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chapter 5 – land use management
† Municipality is responsible for Land Use Management † Primary instrument is the Land Use Scheme (LUS) † Municipality must, after public consultation, prepare, adopt and implement a LUS within 5 years of the Bill being enacted † LUS must be consistent with and give effect to Municipal SDF † All land development applications must be determined within context of the LUS † An approved and adopted LUS has the force of law and binds all owners and users of land
land use scheme
(sec 24)
Each municipality must adopt a scheme • • •
A scheme must
Have categories of land use zoning for entire municipal area, Take cognisance of any environmental management instruments Provisions that permit the incremental introduction of LUM in areas under – traditional leadership, – – – rural areas, informal settlements, other areas not previously subject to a land use scheme;
chapter 6 - land Development management
† Land development applications are determined by Municipalities as the authority of first instance † Municipalities are required to establish Municipal Planning Tribunals to discharge this function † Municipalities may co-operate to establish Joint Municipal Planning Tribunals † The Tribunals consist of municipal officials and suitably qualified external persons appointed by Municipal Councils † Appeals lay to the Executive Authority from decisions of MPTs
appeals
(sec 51)
• • • Appeal to Executive Authority via the Municipal Manager against MPT decision No Appeal may be lodged in terms of Sec 62 of MSA Municipality may establish separate appeal body in a procedural manner prescribed by provincial legislation
national interest (sec 52)
† A land development application must be referred to the Minister where the outcome of the application affects the National interest † The Minister to publish criteria on National Interest after consultation Sec 52 (6) † The National interest includes: ‡ matters within the exclusive functional area of the national sphere in terms of the Constitution; ‡ strategic national policy objectives, principles or priorities, including food security, international relations and co-operation, defence and economic unity; or ‡ land use for a purpose which falls within the functional area of the national sphere of government.
quick updates
± Spatial Planning and Land Use Management Act (SPLUMA) signed into law by President on 02 August 2013, and formally published in the gazette on the 05 August 2013; ± SPLUMA not yet put into operation; ± Section 13(3) Interpretation Act allows different sections of the SPLUMA to be brought into operation on different dates; ± 9 provinces preparing/revisiting provincial planning legislation. No province ready with a SPLUMA-compliant provincial Act; ± Existing (old Ordinances, newer Provincial Acts and other) legislation may not conflict with the SPLUMA; ± some metropolitan municipalities preparing municipal planning by-laws; ± Some of our assumptions on powers of national and provincial spheres in relation to Scope of Municipal Planning Powers continue to be strained and tested especially in the courts; and ± litigation in courts continue to enrich our understanding of the planning law regulatory environment (the recent Cape Judgment particularly instructive).
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1.
2.
3.
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5.
sections of spluma that may be brought into operation
CHAPTER 1 INTRODUCTORY PROVISIONS
Definitions Application of Act Objects of Act Spatial planning system Categories of spatial planning 12.
CHAPTER 4 SPATIAL DEVELOPMENT FRAMEWORKS
Part A Preparation of spatial development frameworks
Preparation of spatial development frameworks
CHAPTER 2 DEVELOPMENT PRINCIPLES AND NORMS AND STANDARDS
Part B Preparation and content of national spatial development framework
13.
14.
National spatial development framework Content of national spatial development framework Application of development principles Development principles Norms and standards
CHAPTER 3 INTERGOVERNMENTAL SUPPORT
Part C Preparation, content and legal effect of provincial spatial development framework
9.
10.
11.
National support and monitoring Provincial support and monitoring Municipal differentiation 15.
16.
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Provincial spatial development framework Content of provincial spatial development framework Legal effect of provincial spatial development framework
18.
19.
sections of spluma that may be brought into operation
Part D Preparation and content of regional spatial development framework
CHAPTER 5 LAND USE MANAGEMENT
Regional spatial development framework Content of regional spatial development framework
Part E Preparation and content of municipal spatial development framework
20.
framework 21.
Preparation of municipal spatial development Content of municipal spatial development framework 23.
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25.
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27.
28.
29.
30.
31.
32.
Role of executive authority Land use scheme Purpose and content of land use scheme Legal effect of land use scheme Review and monitoring of land use scheme Amendment of land use scheme and rezoning Consultation with other land development authorities Alignment of authorisations Record of amendments to land use scheme Enforcement of land use scheme 22.
Part F Status of spatial development frameworks
Status of spatial development frameworks 55.
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57.
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60.
Exemptions
CHAPTER 7 GENERAL PROVISIONS
Delegation Non-impediment of function Offences and penalties Repeal of laws (???) Transitional provisions (subject to guidelines)
spluma and provincial act
Key Assumptions
± SPLUMA acknowledges the responsibility that provinces and the national government share for supporting local government; ± Province wants to see to it that municipal land use planning is done properly; and ± Provincial government has its own constitutional competences, some of which entail land use regulation.
2 key considerations
± Scope of Provincial Act ± Municipal Bylaws vs provincial Act
a change management process
± Change Management is a process that will guide when change is made to a process or system to ensure its effective implementation into the business of the organisation.
± Key Driver for Change: the Spatial Planning and Land Use Management Act Implementation Powers and Functions (National / Provincial / Local) Roles and Responsibilities (Support and Monitoring)
change management process Details of Change
• Identify the Change • Particulars of the Change • Change Approach
Implementation of Change
• Implementation Strategies • Release Strategy
Review of Change
• Appraisal of Change Strategy • Schedule of Activities • Action Plan • Communication Plan • Training Plan • Resistance to Change Plan • Employee Change Readiness Plan • Release Plan • Review Strategy CHANGE MANAGEMENT PLAN
overview of change management plan CHANGE MANAGEMENT PLAN WORKGROUPS 4 Workgroups Institutional Aspects / Stakeholders / Implementation Readiness IMPLEMENTATION OF SPLUMA SPLUM NATIONAL SPLUM PROVINCES / PROVINCES PROVINCIAL SPLUMA TECHNICAL IMPLEMENTATION FORUMS Municipalities
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WORKGROUP 1 Regulations / Policy proposed workgroups WORKGROUP 2 Guidelines WORKGROUP 3 Institutional WORKGROUP 4: Capacity Building WORKGROUP 1
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Regulations
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Norms and standards
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Application and interpretation of development principles
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National Interest
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Provincial legislation
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Transitional measures
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Spatial planning
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Alignment of authorisations WORKGROUP 2
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Land Use Management
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Spatial Development Frameworks
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Development Applications Manual
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Alignment of Authorisations
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Land Use Schemes WORKGROUP 3
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Human Resources
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Legal Compliance
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Internal Readiness
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Draft Gazette Notices
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Delegations
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Systems
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Communication
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IT WORKGROUP 4
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Training
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Coordination and distribution of products
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Capacity building for municipal land use management Spatial planning
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Logistics
implications for provinces
± Change of Focus – Trajectory of Work Implementation of SPLUMA ± SPLUMA Change Management Plan Engagement with Provinces / Municipalities Assessment of readiness of Municipalities in conjunction with Provincial Departments by end November 2013.
Participation in Workgroups Championing Stakeholder Forums at Provincial Level – Provincial SPLUMA Implementation Forums Participating in Capacity Building / Training Initiatives Liaison with Key Provincial Stakeholders / Invites for SPLUMA related Engagements – Workshops
implementation & change management plan template an introduction
model A – metros / some locals
model b - locals
model c – rural / low capacity
baseline information
implementation readiness template
implications for municipalities
± Organisational Structures for Land Use Management Review of Delegations Review of Existing Systems (Land Use Management) ± Financial Operational Requirements Human Resources ± Procedural New processes administrative) aligned Gazetting of Notices etc to SPLUMA (operational and