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Terms of reference: for the appointment of a service provider to
Review the spatial planning and land use management by-law for
Lesedi local municipality, for a period of ten (10) months, gauteng
Province.
1.1 The Department of Land Reform and Rural Development (DLRRD) requires the
services of one (1) firm or a consortium of suitably qualified service providers to
Review the Spatial Planning and Land Use Management (SPLUM) By-Law for
Lesedi Local Municipality (LLM) in the Gauteng Province.
1.2. In terms of Sections 5(1)(c), 6 and 23(1)(b) including all other related provisions of
the Spatial Planning and Land Use Management Act, 2013 (Act ) the
municipality is mandated to establish a uniform, recognisable and comprehensive
system of spatial planning and land use management in its municipal area to
maintain economic unity, equal opportunity, equal access to government services,
to promote social and economic inclusion. Whereas municipalities are charged with
the responsibility to control and regulate the use of land within the municipal area
1.3 The present LLM SPLUM By-Law, 2015 has some shortcomings in so far as
alignment and inclusion of recently enacted legislative frameworks at national and
provincial level such as the Gauteng Township Economic Development Act of 2022
(TEDA) and the Municipal Fiscal Powers and Functions Act, 2024 (MFPFA) as well
as the Lesedi Land Use Scheme, 2025 (LUS). Thereby, affecting the alignment of
Department of Land Reform and Rural Development l Departement van Grondhervorming en Landelike Ontwikkeling l UmNyango wokuBuyiselwa kweNarha nokuThuthukisa iiNdawo 9
zemaKhaya l ISebe loBuyekezo lweMihlaba noPhuhliso lwamaPhandle l UMnyango Wezinguquko Kwezomhlaba Nokuthuthukiswa Kwezindawo Zasemaphandleni l Kgoro ya
Peakanyoleswa ya Naga le Tlhabollo ya Dinagamagae l Lefapha la Kabobotjha ya Naha le Ntshetsopele ya dibaka tsa Mahaeng l Lefapha laTokafatso ya Lefatshe le Tlhabololo yaMagae l Litiko Letingucuko Kutemhlaba Nekutfutfukiswa Kwetindzawo Tasemaphandleni l Muhasho wa Mbuyedzedzo ya Mavu na Mveledziso ya Mahayani l Ndzawulo ya Antswiso Page
wa Misava na Nhluvukiso wa Matikoxikaya.
Terms of reference: for the appointment of a service provider to review the
Spatial planning and land use management by-law for lesedi local municipality,
For a period of ten (10) months, gauteng province.
objectives and plans from a regional perspective and the implementation and
management of land use in the area.
1.4 The need therefore exists for the coordination of planning tools to achieve
compliance within the municipality and to review the existing SPLUM By-Law for
LLM to ensure harmony and coordination of these spatial planning and land use
management instruments.
2.1 LLM is a category B municipality and is one of three local municipalities that falls
within the Sedibeng District Municipality in the Gauteng Province.
Figure 1: Lesedi Local Municipality
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Terms of reference: for the appointment of a service provider to review the
Spatial planning and land use management by-law for lesedi local municipality,
For a period of ten (10) months, gauteng province.
2.2 Lesedi spans an area of Β±1430km2, which is largely rural, with two towns situated
within it, namely Heidelberg/Ratanda in the western part, and Devon Impumelelo
and KwaZenzele Vischkuil on its eastern edge.
2.3 The area can be described as mostly agricultural, with Heidelberg and Devon being
the primary service centres for the surrounding agricultural areas. The municipal
area of LLM encompasses both urban and rural regions, with a mix of formal and
informal settlements. This diverse composition presents a unique set of challenges
and opportunities for the local administration. The municipality must balance the
needs of the urban and rural populations, while also addressing the varied settlement
patterns within its jurisdiction. Effective management of these complexities is
essential for the sustainable development of the region.
2.4 The area within the municipal boundary is governed by the Lesedi SPLUM By-Law,
2015 which was proclaimed in the Provincial Gazette on the 26th of January 2016.
The By-Law was the first to be adopted after the implementation of SPLUMA.
3 problem statement
3.1 The Lesedi SPLUM By-Law that has been in place for some ten years now and there
is a need to review it considering the review of the Lesedi Land Use Scheme of 2025
(LUS) that has yielded some misalignment and the need for amendments.
Additionally, the By-Law also needs to be aligned to other enacted provincial and
national legislation such as TEDA and the Standard Draft By-Laws for Township
Economies, 2024, The MFPFA as well as the Municipal Spatial Development
Framework,2022 (MSDF).
3.2 Further to the above, there are other identified gaps and wording that were not
thoroughly cognisant of unforeseen urban developments that unfolded prior to the
approval and subsequent proclamation of the aforesaid documents, such as the
following misalignment but not limited to:
a) There are definitions and processes that were omitted or are vague and as a
result cause irregularities in decision making.
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Terms of reference: for the appointment of a service provider to review the
Spatial planning and land use management by-law for lesedi local municipality,
For a period of ten (10) months, gauteng province.
b) There is a further need for new definitions.
c) There are other categorised applications that were previously excluded in the
By-Law.
d) There is a need to relax certain requirements to simplify and unlock the land
development process within the municipality.
e) There is a need for a clearly defined objection process that also provides
guidance on how LLM will deal with petitions against objections.
f) There is a need to strengthen and make provision for the regulation of land
uses within the township economy such as spaza shops, etc.
g) The application forms and schedules must be reviewed and aligned to the
adopted LLM processes.
h) There is a need to strengthen the provisions for land use regulation and/or
enforcement.
i) There is a need to make provision for transitional arrangements where
required.
These continue to hinder the integration and sustainability of social, economic and
environmental elements. Consequently, the institutional arrangements have been
uncoordinated and weak, which results in incoherent planning procedures and
systems within the municipality.
3.2 The current situation poses significant challenges for the municipality, and it is
imperative that appropriate measures be taken to address the issue. This requires
benchmarking with like institutions and by-laws to yield a comprehensive approach
that integrates the various elements of land use management and promotes
sustainable development practices. This will require the involvement of all
stakeholders and the development of a coherent institutional framework that fosters
collaboration and coordination.
3.3 Consequently, there is a need to review the LLM SPLUM By-Law to allow an
opportunity to make the necessary amendments, enhance service delivery efficiency
and ensure that the By-Law covers all the procedural aspects of land development
Page
Terms of reference: for the appointment of a service provider to review the
Spatial planning and land use management by-law for lesedi local municipality,
For a period of ten (10) months, gauteng province.
applications within the jurisdiction, compliance and enforcement as well as further
allow the inclusion of previously disadvantaged communities.
3.4 The review of the LLM SPLUM By-Law will align with the legislative and normative
principles of the SPLUMA. (ongoing compliance)
- Purpose and objectives of the project
4.1 The key objective of the project is to appoint a service provider to review and amend
the SPLUM By-Law for the LLM within a period of ten (10) months.
4.2 The By-Law review, as a spatial planning and land use management and
development regulatory tool aims to provide for the categorisation of land
development applications, to provide for processes and procedures for land
development applications, while also being compliant with the land use scheme. The
By-Law review must also make amendment to the provisions for an Appeal Authority
where applicable and provide for offences and penalties that are necessary and
relevant for land use management, land development and compliance, or incidental
thereto such as:
a) Provide for a package of plans which shall inform the social, economic,
environmental and infrastructural development in the Municipality.
b) Provide a uniform, effective, comprehensive, and interrelated framework
for spatial planning and land use management.
c) Provide for the inclusive, developmental, equitable and efficient planning
in the spirit of co-operative governance.
d) Provide a framework for co-operative and cross-border relationships with
all spheres of Government and to ensure the integration of planning
between the Municipality and neighbouring Municipalities.
e) Provide a framework for policies, principles, norms and standards for
spatial development planning and land use management.
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Terms of reference: for the appointment of a service provider to review the
Spatial planning and land use management by-law for lesedi local municipality,
For a period of ten (10) months, gauteng province.
f) Provide a framework for the monitoring, coordination and review of the
spatial planning and land use management system.
g) Ensure continued regulation of land development application and
decision-making procedures.
h) Ensure the continued establishment, functioning and operations of
the Tribunal.
i) Provide for the continued facilitation and enforcement of land use and
development measures.
j) Review the processes of the appeal authority, and
k) Ensure the penalties for breach of its provisions are still adequate.
4.3 The By-Law review should protect the resources and values of the municipal area
by protecting or promoting activities that employ best practice management,
maintain or enhance service delivery, and/or implement spatial and land use
planning in the jurisdiction. This is a means to sustain the benefits to the community
derived from the natural environment.
4.4 This section on By-Law amendments should identify how the proposed SPLUM By-
Law amendments achieve the planning intent for the municipality by proposing
processes and procedures that reflect the municipalityβs unique circumstances and
address local challenges as well as satisfy the needs of the municipality and the
matters listed above.
4.5 The Bylaw is used to implement land development and land use applications, spatial
planning, and land use schemes within the LLM. The By-Law review should also
identify how other planning and management initiatives can contribute to achieving
the planning intent of the municipality and the management and Implementation of
strategies.
4.6 The required SPLUM By-Law review must continue to give effect to the development
principles contained in the Spatial Planning and Land Use Management Act
(SPLUMA) including: -
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Terms of reference: for the appointment of a service provider to review the
Spatial planning and land use management by-law for lesedi local municipality,
For a period of ten (10) months, gauteng province.
i. Spatial Justice
ii. Spatial Sustainability
iii. Efficiency
iv. Spatial Resilience, and
v. Good Administration
4.7 The SPLUM By-Law review must take cognisance of and adhere to newly enacted
national and provincial policies and legislation, including, the Municipalityβs
Integrated Development Planning (IDP), MSDF and LUS.
5.1 The successful service provider would be expected to undertake the following
towards the review of the LLM SPLUM By-Law:
a) The reviewed SPLUM By-law should continue to establish a comprehensive
framework for land use planning and development. It should review the existing
provisions for development procedures and processes, timeframes, enforcement
mechanisms, engineering services and other related matters and ensure they
are still relevant and promote efficient service delivery.
b) Conduct a status quo analysis which will entail but not limited to the review of
case law and legal precedent that has been set on spatial planning and land use
management matters that may influence the proposals/amendments made to the
Lesedi SPLUM By-Law for the municipality taking into cognizance the local
circumstance, local policies, development as well as provincial and national
policies and strategies. The envisaged outcome of this exercise is the
development processes and procedures that will inform the SPLUM By-Law
review and highlight and identify visible conflicts and contradictions and how they
can be addressed, as well as necessary amendments, new inclusions, schedules
and application forms.
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Terms of reference: for the appointment of a service provider to review the
Spatial planning and land use management by-law for lesedi local municipality,
For a period of ten (10) months, gauteng province.
c) The reviewed By-law should provide guidance for township economic
revitalisation processes and align to relevant legislations and policies.
d) The general requirements for preparation and implementation of the MSDF and
LUS must be maintained.
e) The reviewed SPLUM By-Law must include:
o Definitions
o Relationship with other Legislation.
- Specify how the SPLUMA By-law interacts with other relevant laws and
regulations.
o Public Participation.
- Review the provisions for public participation in the development and
amendment or review of the SPLUM By-law, SDF, LUS, Local Are
Plans/Precinct Plans and land development applications.
o Review the process for the creation, amendment, and review of the land use
scheme, which specifies permitted land uses and development regulations.
o Review the processes and procedures for Land Development Applications.
- This section outlines the process for applying for development permits,
including the necessary documents, timelines, and review processes.
- Must include associated schedules and application forms for new
proposals and amendments.
o Review Building Line procedure and Regulations.
- These procedure and regulations govern the process and location of
buildings on a property in relation to the street or property line as
referred in title deeds.
o Penalties for Breach, and
o Transitional arrangements where applicable.
f) The reviewed SPLUM By-Law must align the process for regulating the
enforcement and compliance with the LUS and propose amendments where
necessary, relating to:
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Terms of reference: for the appointment of a service provider to review the
Spatial planning and land use management by-law for lesedi local municipality,
For a period of ten (10) months, gauteng province.
i. Enforcement Mechanisms
ii. Municipal Planning Tribunal establishment, functions and operation and
dispute resolutions relating to land development, including further
provisions that need to be made.
iii. Review the Appeal Authority procedures relating to appeals lodged for
decisions on land development applications.
iv. Review the processes for ensuring compliance with the by-law and for
resolving disputes related to land use and development.
g) Procedures for monitoring the implementation of the by-law, coordinating with
other government agencies, and reviewing the by-law periodically to ensure its
effectiveness.
h) Planning or preparatory report that documents case law and judgements that
have been issued on SPLUMA related matters and procedures. The report
presents the results of technical analysis of data that addresses the matters set
out in this ToR.
i) Community consultation undertaken during the review of the By-Law must
demonstrate consistency of the current By-Law with the MSDF and the LUS:
i. Benchmarking with the municipalities that have reviewed SPLUM By-
Laws to gauge best practice.
ii. Use the best-available information held by all organs of state, research
organisations and other relevant stakeholders.
iii. Provides adequate analysis and rationale to support the objectives of the
SPLUM By-Law or its amendments, and
iv. Includes a summary of consultation activities, submissions and
responses.
Page
Terms of reference: for the appointment of a service provider to review the
Spatial planning and land use management by-law for lesedi local municipality,
For a period of ten (10) months, gauteng province.
j) The By-Law should provide for a regular review and amendment process for the
SPLUM bylaws to ensure that they remain relevant and effective.
k) Develop a stakeholder engagement plan for the various consultation processes
with various stakeholders, including government, private sector and any other
stakeholders throughout the lifespan of the project. The service provider should
cater for additional unplanned meetings that may be required for the duration of
the project.
l) The service provider will also be required to assist the municipality in finalizing
any documents for the presentation of the Reviewed SPLUM By-Law in various
committees towards/and for the adoption by Council.
m) The service provider is financially responsible to ensure that the final gazette
notice is placed once the LLM reviewed SPLUM By-Law is approved and adopted
by Council.
- Project deliverables
6.1 A final reviewed SPLUM By-Law with related schedules and application forms
submitted in digital format (Word and PDF).
6.2 The service provider must supply 3 design concepts to the municipality for
consideration and do the design and layout on the approved booklet cover concept.
6.3 The final reviewed SPLUM By-Law textual document including schedules and
application forms in both hardcopy (printed) and softcopy (electronic as MS Word
document) must also be supplemented by:
Item Description Quantity
Booklets Final Reviewed SPLUM By-Law Document X50
Page
Terms of reference: for the appointment of a service provider to review the
Spatial planning and land use management by-law for lesedi local municipality,
For a period of ten (10) months, gauteng province.
-
Cover: 280 gsm stock, matt varnish, one side only.
-
Inside pages: 130 gsm stock, matt
-
Full Colour throughout
-
PUR binding
USB Soft copies of all the above must be provided X50
(Print ready artwork of final Reviewed SPLUM By-Law,
schedules and application forms)
Table 1: Document requirements
- Skills requirements
7.1. Companies with individuals with qualifications and extensive experience will be
required as detailed in Table 2 and sections 7.1 and 8, respectively.
Table 2: MINIMUM QUALIFICATIONS REQUIRED BY THE DLRRD
No. Minimum Qualification Key Skill Set Registration