Land use scheme review services for five mpumalanga municipalities

2.1 For decades, the Land Use Management System in South Africa had limited the ability

of municipalities to effectively address matters relating to land development planning,

development management, and the regularisation of land use activities.

2.2 Historically, municipalities regulated land use through Town Planning Schemes

developed in terms of provincial ordinances. However, these schemes were not “wall-

to-wall” and, in many cases, did not cover all areas within a municipality’s jurisdiction.

As a result, large portions of land remained unaudited, leading to municipalities losing

oversight and control over land use within their areas of jurisdiction.

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2.3 This gap was addressed through the introduction of SPLUMA. In terms of Chapter 5,

Section 24(1), municipalities were required—after public consultation—to adopt and

approve a single Land Use Scheme for their entire area of jurisdiction within five years

of the Act’s commencement in 2015. This meant that all municipalities were expected to

have adopted a Land Use Scheme by 2020. This deadline was later extended by 12

months, as per Government Gazette Notice No. 43598.

2.4 A Land Use Scheme must give effect to, and be consistent with, the Municipal Spatial

Development Framework (SDF) and guide the use and development of land within the

municipal area. It must do so in a manner that promotes:

(i) Economic growth.

(ii) Social inclusion.

(iii) Efficient land development; and

(iv) Minimum impact on public health, the environment and natural resources.

2.5 SPLUMA uses the term Land Use Scheme instead of older terms such as Town Planning

Scheme or Zoning Scheme, in order to establish a single, standardised term for the

document described in Chapter 5, which regulates and manages land use.

2.6 Section 27. (1) of SPLUMA provides that a municipality may review its land use scheme

in order to achieve consistency with the municipal spatial development framework and

must do so at least every five years.

2.7 The Land Use Schemes of the subject municipalities were promulgated in 2020. In

accordance with the provisions of SPLUMA, the municipalities are therefore required to

conduct review of their Land Use Schemes as the prescribed five-year period has

lapsed.

3. PURPOSE AND OBJECTIVE OF THE PROJECT

3.1 The main objective of the project is to assist the five municipalities – Dr JS Moroka,

Thembisile Hani, Victor Khanye, Emalahleni and Emakhazeni to review their Land Use

Schemes in line with the provisions of SPLUMA and the By-Laws of the respective

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municipalities. The review of the Land Use Schemes (LUSs) must take cognisance of

the following:

• Consistency with the municipal SDFs.

• Must cater for both rural and urban areas as well as formal and informal areas

found within the administrative boundaries of the Municipality.

• Promote a planning system that will better respond to the current challenges and

pro-actively put in place mechanisms that will respond to future development and

growth requirements.

• Must balance policy objectives with decision making.

• Provide clarity and reasons on what may or may not occur on specific parcels

of land.

• Promote certainty for land use and the management thereof to create investor

confidence.

• Promote amenity, efficient land use practices and reserve land for essential

services.

• Resolve conflicts between different land uses and to control negative

externalities.

• Enable the mix of convenient land uses, efficient movement processes and

promote economic development.

• Protect natural, cultural and religious resources, unique areas, ecosystem

services, areas of archaeological and historical significance, and land with

agricultural potential.

• Ensure public involvement in land management decision-making processes.

• Provide for sound local regulation and enforcement procedures.

• Recognize indigenous and local spatial knowledge, land use practices and land

allocation processes.

• Ensure the collaborative designation of areas for future land uses; and

• Ensure that the scheme is developed in a collaborative manner aiming at social

justice and the equitable regulation of contested spaces.

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4. CHARACTERISTICS OF THE LAND USE SCHEME

4.1 The reviewed LUS must be simplified, in accordance with SPLUMA and must contain

provisions for special development zones linked with economic growth, environmental

management, built environment and other related special cases that may arise.

4.2 The LUS clauses and maps should also be reviewed. The reviewed LUS should be able

to achieve amongst others, the following:

• Bridge the gap between old order land uses and currently approved land uses.

• Resolve conflict between different land uses.

• Promote economic, social and environmental land use sustainability.

• Protect amenities of adjacent land uses.

• Conserve natural and agricultural resources.

• Protect and promote buildings and areas with heritage significance.

• Protect cultural resources and promote culture diversities.

• Protect both the formal and the informal economy.

• Cater for both formal and informal residential settlements.

5. SCOPE OF THE PROJECT

5.1 The scope of the project comprises reviewing the Land Use Schemes of:

5.1.1 Dr JS Moroka Local Municipality

5.1.2 Thembisile Hani Local Municipality

5.1.3 Victor Khanye Local Municipality

5.1.4 Emalahleni Local Municipality and

5.1.5 Emakhazeni Local Municipality

5.2 The project will be guided by the Land Use Scheme Guidelines (2017), the provisions

of the SPLUM By-Laws of Dr JS Moroka, Thembisile Hani, Victor Khanye,

Emalahleni and Emakhazeni Local Municipality and SPLUMA. The reviewed LUSs

should contain amongst others at least the following:

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(i) Reflection of the development principles highlighted in SPLUMA.

(ii) Suitable categories of land use zoning and regulations for the entire municipal

area.

(iii) Cognizance of any environmental management instrument adopted by relevant

environmental management authority and must comply with environmental

legislation.

(iv) Reviewal of the provisions that permit land use management and regulation in

areas under traditional leadership, rural areas, informal settlements, slums

and areas not previously subject to a Land Use Scheme.

(v) Provisions to promote the inclusion of affordable housing in residential land

development.

(vi) Land use and development incentives to promote the effective

implementation of the SDF and other development policies.

(vii) Systems to manage and regulate both formalities and informalities found with a

municipal area.

(viii) Consistency with the relevant Municipal Spatial Development Framework; and

(ix) Processes relating to Land Use Scheme enforcement.

5.3 The review of each municipality’s Land Use Scheme should focus primarily on the

specific areas outline below:

5.3.1 Dr JS Moroka Local Municipality – the LUS review shall focus mainly on the following

areas:

5.3.1.1 Legislative compliance – review alignment with SPLUMA and Municipal SPLUM By-

Law; alignment with the SDF.

5.3.1.2 Assess current development trends, existing land use patterns and spatial form, density

patterns and settlement trends, growth pressures and investment hotspots,

environmental constraints.

5.3.1.3 Review and update definitions and terminology

5.3.1.4 Review and adjust land use and zoning categories to ensure relevance and

compatibility. Further consider introducing new zoning and land use categories or

joining others.

5.3.1.5 Define a process of rectifying errors on the Land Use Scheme

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5.3.1.6 Formulate specific development regulations for certain land use categories and specific

areas.

5.3.1.7 Update development policies, e.g. inclusion of newly developed development policies.

5.3.1.8 Provide for differentiated application procedures for various forms of land tenure

arrangements, considering the specific context of the municipality.

5.3.1.9 Ensure that the scheme is aligned with municipal spatial policies, e.g. the SDF.

5.3.1.10 Provide overlay zones, particularly to regulate development on agricultural land and

protected areas.

5.3.1.11 Provide a GIS compatible scheme that would be accessible through the municipal GIS

system.

5.3.1.12 Provide a mechanism/tool for the monitoring and tracking of land use changes.

5.3.1.13 Provide for transitional arrangements

5.3.2 Thembisile Hani Local Municipality – the LUS review shall mainly focus on the

following areas:

5.3.2.1 Review and update definitions and terminology

5.3.2.2 Review and adjust land use and zoning categories to ensure relevance and

compatibility

5.3.2.3 Review legislative and policy context in line with changes in policy context, e.g.

SPLUMA Certificates court ruling

5.3.2.4 Formulate specific development regulations for certain land use categories and specific

areas.

5.3.2.5 Policies, guidelines and simplified requirements for small scale businesses and informal

trade as well as township economy.

5.3.2.6 Provide differentiated land use management schemes for urban, rural and informal

areas.

5.3.2.7 Align LUS with the SDF and SPLUM By-Law.

5.3.2.8 Formulate development guidelines and regulations for specific land uses, e.g. taverns,

carwash, spaza shops, etc.

5.3.2.9 Updating spatial data and scheme maps.

5.3.2.10 Land use survey to be conducted.

5.3.2.11 Review of Existing Zoning and Scheme Clauses

5.3.2.12 Review zoning categories and subcategories

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5.3.2.13 Review development controls (height, coverage, FAR, building lines, parking

standards).

5.3.3 Emakhazeni Local Municipality – the LUS review shall focus mainly on the following

areas

5.3.3.1 Review and update the land use definitions and terminology sections

5.3.3.2 Development regulation – including the introduction of new development controls and

measures, e.g. defining area sizes for density use on each zone.

5.3.3.3 Zoning and Land Use Categories – revision of zoning and land use under each zone,

including addition of more land uses and ensuring alignment and compatibility, with due

consideration of development intensities. Further make revisions on development

controls in line with the spatial objectives of the municipality as depicted in the SDF and

the context of the municipality. i.e. proposed additions and subtractions of uses under

different zoning categories.

5.3.3.4 Land use survey (desktop) and zoning scheme maps – a thorough revision is required

to correct existing errors and ensure that maps are based on proclaimed zonings and

other approvals. It is suggested that the actual zonings of properties be thoroughly

investigated and correctly indicated on the proposed reviewed Scheme Map.

5.3.3.5 Review scheme maps to reflect historic zoning approvals and to rectify incorrectly

depicted zoning categories.

5.3.3.6 Review overlay zones to align with new legislation, policies and frameworks and depict

SDF directives while maintaining factual zoning rights depiction on scheme maps. The

current Scheme Map appears to reflect and focus more on the desired land use patterns

derived from the SDF. It is suggested that this be reviewed so that the SDF directives

are rather captured as Overlay zones, than being included in the Use Zones on the

maps. This will ensure that the actual zoning map remains a real indication of actual

zoning rights.

5.3.3.7 Provide provisions depicted on relevant policy and legislation.

5.3.3.8 Provide differentiated land use management schemes for urban, rural and informal

areas with due consideration to the different conditions defining the various localities.

5.3.3.9 Compliance, enforcement and transitional arrangements – to address properties with

existing right and ongoing applications.

5.3.3.10 Sections that are already contained in the By-law, such as the Law Enforcement

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Procedures in Chapters 13 and 14, should not be duplicated in the Scheme provisions.

5.3.3.11 Formulate a standard draft Amendment Scheme Map and Schedule (Annexure).

5.3.4 Victor Khanye Local Municipality – the LUS review shall focus mainly on the following

areas:

5.3.4.1 Revise land use definitions and terminology sections

5.3.4.2 Revise spatial data and scheme maps to rectify inconsistencies

5.3.4.3 Revise zoning categories and introduce overlay zones

5.3.4.4 Align regulatory framework and LUS provisions with recent legislative and policy

changes

5.3.4.5 Align the scheme with the latest SDF and rectify conflicts

5.3.4.6 Make provision for emerging issues – e.g. renewable energy sector

5.3.4.7 Revise scheme to strictly delineate and differentiate between certain land use

categories

5.3.4.8 Introduce zoning categories/ overlay zones to support informal settlement upgrading.

5.3.4.9 Agricultural and peri-urban land-use classification – introduce overlay conditions in the

scheme that link rezoning/development to service capacity and to map out constraints’

zones” e.g. dolomite risk areas.

5.3.5 Emalahleni Local Municipality – the LUS review shall focus on the following

areas:

5.3.5.1 Review land use definitions and terminology sections

5.3.5.2 Update spatial data and scheme maps – including update zoning and cadastral data

5.3.5.3 Review zoning categories to incorporate changes that have occurred over time

5.3.5.4 Provide differentiated land use management schemes for urban, rural and informal

areas.

5.3.5.5 Revise the regulatory framework of the scheme, e.g. to make provision for addressing

small and low intensity undertaken from residential properties, e.g. spaza shops.

5.3.5.6 Policies and guidelines – develop a guiding policy for small scale businesses and

provide for provisions for townships/informal/rural settlements

5.3.5.7 Align scheme with the SDF

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5.4 The review of each Land Use Scheme must align with the provisions of Chapter 3 of

SPLUMA and the respective Municipal By-Laws.

5.5 The successful bidder may be required to undertake additional reviews beyond those

specified, as identified by the Project Management Committee, Project Steering

Committee, or arising from issues or areas highlighted during the public consultation

process.

6. PROJECT OUTCOMES

6.1 Each reviewed Land Use Scheme must include, amongst others, the following:

(i) Scheme Regulations (Scheme Clauses)

(ii) Scheme Maps

(iii) Zones

(iv) Scheme Controls

(v) Design and Layout Requirements

(vi) General Administrative powers of the LUS

(vii) Legal effect of LUS

(viii) Strategy to address illegal land uses

7. CRITICAL MILESTONES

7.1 The following Six (6) critical milestones/ phases should be used to review the five Land

Use Schemes.

7.1.1 Phase 1: Inception: This phase will involve the preparation of a Project Plan in

alignment with these Terms of Reference, clearly outlining all project phases, activities,

and deliverables. A Project Steering Committee (PSC) must be established by identifying

and confirming participation from all key stakeholders. The PSC will be responsible for

reviewing and approving the inception report and subsequent phase reports throughout

the project. The Inception Report and project plan must include but should not be limited

to:

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• Project objectives and scope.

• Detailed work breakdown structure.

• Deliverables and timelines.

• Roles and responsibilities of project team members.

• Stakeholder engagement plan.

• Risk assessment and mitigation measures; and

• Reporting and approval process.

• Possible dates for Project Management Committee (PMC) and PSC

meetings.

7.1.2 Phase 2: Data Collection and Research Analysis: This phase involves the systematic

collection, verification, and analysis of all relevant data to inform the review of the Land

Use Schemes. The key data sources and components that must be addressed include

the following:

• Desktop Land Use Survey and Verification – including the identification of

existing land uses, non-conforming uses, and any deviations from the current

LUSs.

• Cadastral and Jurisdictional Boundaries – confirmation and mapping of municipal

boundaries and cadastral data.

• Municipal Planning Documents – review of the respective Integrated

Development Plans (IDPs) and the Spatial Development Frameworks (SDFs) to

ensure alignment.

• Aerial Photography – utilisation of up-to-date aerial imagery to verify and map

land uses and physical features.

• Land Ownership Verification – assessment of ownership records to inform land

management and planning decisions.

• Land Tenure – identification of different forms of land tenure and their spatial

distribution.

• Settlement Patterns – mapping and classification of defined urban areas, rural

settlements, and other settlement types.

• Physical Environment – analysis of geology, soil characteristics, topography, and

slope, to determine development suitability.

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• Existing LUS Review – evaluation of the current Land Use Scheme’s provisions,

implementation, and enforcement.

• Environmentally Sensitive Areas – identification of ecologically important or

protected areas requiring special planning consideration.

• Engineering Services and Infrastructure – assessment of existing service levels,

current demand, available capacity, and associated operational costs.

7.1.3 Phase 3: Draft Land Use Scheme and Supporting Documents: The purpose of this

phase is to plan, conceptualise, and prepare the draft Land Use Schemes. The draft

LUSs should integrate the findings from Phase 2. Proposals contained in the SDFs

should be translated into broad land use proposals that will inform and give effect to the

Land Use Schemes. Additionally, existing general and land use definitions should be

reviewed to ensure consistency and relevance.

7.1.4 Phase 4: Consultation and Amendments: Once the draft Land Use Schemes have

been completed, public participation must be conducted. This consultation should

involve all relevant stakeholders, including Traditional Councils (if relevant) and affected

communities. Feedback received during this process should be carefully considered and

incorporated into the LUSs through the necessary amendments.

7.1.5 Phase 5: Adoption and Application Procedures: this phase includes preparing and

submitting the final draft Land Use Schemes, including all clauses, maps, and supporting

documents, to the PSC for review and approval. once adopted, the LUSs will be

submitted to the respective Municipal Councils for final adoption. Following adoption by

the Councils, the LUSs will be formally promulgated and implemented.

7.1.6 Phase 6: Close Out Process: Final Land Use Schemes, data and supporting material

should be handed over to the client. A close-out report must be prepared and submitted

to the client.

7.2 All milestones outlined in Section 7.1 must be executed individually, separately, and

simultaneously for each of the five municipalities, ensuring consistent quality and

compliance across all areas.

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No specific requirements found