Review of spatial planning and land use management by-law – lesedi local municipality tender (gauteng)

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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

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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 ±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

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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.

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)

4. 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 municipality’s 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 Municipality’s

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.

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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.

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.

6. 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

• A6

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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.

• 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

7. 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