Review of the 2018 Greater Kokstad Municipality"s Wall to Wall Land Use Management Scheme and Rural Land Use Policy

In terms of the Local Government: Municipal Systems Act No. (hereafter noted as the

Spatial Development Frameworks (hereafter noted as SDFs) as an essential aspect of their IDP’s.

A key component of the SDF is a set of municipal wide guidelines that inform a Scheme development

process.

Subsequently, the Spatial Planning and Land Use Management Act (hereafter noted as

approve a single land use scheme for its entire area within five years from the commencement of

2018/2019.

In March 2018 the Greater Kokstad Municipal Land Use Management Scheme and Rural Land Use

five years from the date of the last adopted Land Use Scheme.

In addition to the requirements of legal compliance and sustainability, basic to the drafting of such,

is the need to provide for the local incorporation into such, of national and provincial sector-specific

policies and guidelines. Central to this process is the drive toward redressing imbalances.

3. AIMS OF THE PROJECT:

The main objective of the project is to review the current wall-to wall Planning Scheme to ensure

legal compliance and sustainability, for the complete Municipal Area. The planning scheme will focus

on detailed management controls (clauses and maps) for the entire municipality. Note that areas

subject to the Subdivision of Agricultural Land Act will need to be managed with the

necessary wisdom and will also have management controls which will need the necessary approval

guidance for the Municipality’s area of jurisdiction.

4. OBJECTIVES OF THE PROJECT

4.1. Central to this project is the imperative to provide clear development and regulatory land and

building management based on a new generation scheme that will encompass the following

objectives:

➢ To provide clarity on what may or may not occur on particular areas of land;

➢ To promote the certainty for land use and management thus creating investor confidence;

➢ To promote amenity, efficient land use practices and reserve land for essential services;

➢ To resolve conflict between different land uses and to control negative externalities;

➢ To enable the mix of convenient land usage, efficient movement processes and promote

economic development;

➢ To identify environmentally sensitive and potential risk areas as well the necessary mitigation

➢ To protect natural, cultural and religious resources, unique areas, eco-system services,

areas of archaeological and historical significance and land with agricultural potential;

➢ To ensure public involvement in land management decision making processes;

➢ To provide for sound local regulation and enforcement procedures;

➢ To accord recognition to indigenous and local spatial knowledge, land use practices and land

allocation processes;

➢ To ensure the collaborative designation areas for future use; and

➢ To ensure that schemes are developed in a collaborative manner aiming at social justice and

the equitable regulation of contested spaces.

4.2. A continuum of detail is to be used within the Planning Scheme and the Rural Land Use

Management Policy to accommodate for variations within the municipal area (Urban and

Settlement areas, Traditional Areas, a Rural Land Use Management Policy which will apply

to the areas subject to Subdivision of Agricultural Land Act ). Whichever aspects

of the continuum are adopted, a collaborative usage of the Guidelines for the Preparation of

Schemes for Municipalities (2011) and the Spatial Planning in Rural Kwa-Zulu Natal Toolkit

need to be taken into consideration.

development principles contained within SPLUMA, including:

✓ Spatial Justice;

✓ Spatial Sustainability;

✓ Efficiency;

✓ Spatial Resilience; and

✓ Good Administration

4.4. The products will be compiled with due regard to the provisions of Section 24 and 25 of

SPLUMA.

5. SPECIFICATIONS / SCOPE OF WORK

A SUMMARY OF THE SCOPE OF WORK

5.1 The project shall follow the following phases:

Phase Description

Phase Project initiation and Project Inception Report with Work Plan developed

key project management questions such as; what, when, where, who, why

be used and reference material to be used. A process plan showing the

mapping logic to be provided which should include the data to be used and

the systematic mapping of the data from informants and constraint maps

leading to composite maps.

As part of finalising the inception report there needs to be an introduction

of the scheme, the team and scheme process to key stakeholders and the

Municipal Council.

submitted.

Phase Interim Report for a Land Use Management Framework /Policy Position

2 for a Wall–to-Wall Scheme for Greater Kokstad Municipality. A Spatial

concept, initial Spatial (mapping) representation of the matter and key

elements of the project to be provided. The interim report should also

provide a gap analysis of the work undertaken previously on the Greater

Kokstad scheme.

Key in this report is a map or series of maps which show the existing land

uses per property (what the actual property is used for, height, coverage).

The existing development rights need to be mapped as well.

A refined process plan showing the mapping logic to be provided which

should include the data to be used and the systematic mapping of the data

from informants and constraint maps leading to composite maps (Map

key).

Data collection and logical and systematic application on how the data will

be used is to be provided. Participation and Consultation with identified

and resolutions reflected in this report.

submitted.

Phase Draft Report for a Land Use Management Framework and Policy

3 Position for a Wall–to-Wall Scheme for the Greater Kokstad Municipality.

This report takes the interim report further and deals with the Context:

Data collected, analysis and synthesis drawing conclusions and

recommendations – including the Land Audit (title deed, servitude and

ownership restrictions) and Land Rights Inquiry (development rights).

Informant maps to be logically and systematically (build on one another)

linked to one another culminating in maps with clearly synthesized

information.

Participation and Consultation with interested and affected role players will

report.

submitted.

Phase 1. Draft Scheme Map and Clauses (Land use and development

4 parameters) for the entire Greater Kokstad municipal area. The areas

subject to the Subdivision of Agricultural Land Act will have

maps and clauses but will have to be packaged as a separate entity

for ease of submission to the relevant departments.

2. Draft Companion Document

This document will provide the background to the development of the

scheme, the justification for the manner in which the scheme was

developed, a set of application forms relevant for the scheme, address

procedures that maybe necessary and will be translated into the

appropriate language for public usage.

Once the public participation processes (Phase 5 and Phase 7 have

been completed this document will include synthesized participation

and consultation report of comments made by the public and

interested and affected parties.

submitted.

Phase Participation and Consultation Report. This involves participation and

5 consultation with communities and role players who are affected by the

proposals. Records of participation and consultation with interested and

agenda, minutes and resolutions. This report will result in the amendment

of the following reports:

(1) Draft Land Use Management Framework and Policy Position for a

Wall-to Wall scheme for Greater Kokstad municipality.

(2) Draft Wall-to-Wall Scheme Clauses (Land use and Development

parameters) for Greater Kokstad municipality.

(3) Draft Wall-to-Wall Scheme Maps for Greater Kokstad municipality.

(4) Draft Companion Document.

The areas subject to the Subdivision of Agricultural Land Act

will have maps and clauses but will have to be packaged as a separate

entity for ease of submission to the relevant departments.

submitted.

Phase Final Draft Products:

6 (1) Final Draft Land Use Management Framework and Policy

Position for a Wall-to Wall scheme for the Greater Kokstad

municipality.

(2) Final Draft Scheme Maps for the entire municipal area.

(3) Final Draft Scheme Clauses for the entire municipal area.

(4) The areas subject to the Subdivision of Agricultural Land Act will have maps and clauses but will have to be packaged as

a separate entity for ease of submission to the relevant

departments.

(5) Companion Document (background to the development of the

scheme, justification for the manner in which the scheme was

developed, include synthesized participation and consultation

report of comments made by the public and interested and affected

parties. A set of application forms relevant to the scheme are

developed and translated into the appropriate language for public

usage).

The areas subject to the Subdivision of Agricultural Land Act

will have maps and clauses but will have to be packaged as a separate

entity for ease of submission to the relevant departments.

submitted.

Phase Application procedures and Adoption

7 The service provider to ensures that the Application is SPLUMA compliant.

Relevant documents to be advertised (inclusive of the informant

information) by the Service Provider in consultation with the Municipality/

Project Management Team.

Comments received in regard to the scheme to be synthesized by the

Service Provider and presented to the Project Steering Committee for

agreement on inclusion/ amendment of the Clauses and Maps.

The final documents are then submitted to Council for its consideration and

final adoption. The Municipal Manager needs to then subsequently certify

and sign/ date the documents and Scheme Mapping adopted by Council.

The final approved documents shall include the following:

(1) The Land Use Management Framework and Policy Position;

(2) The Scheme Clauses for the entire municipal area;

(3) The Scheme Mapping and Overlays for the entire municipal are.

(4) The areas subject to the Subdivision of Agricultural Land Act will have maps and clauses but will have to be packaged as

a separate entity for ease of submission to the relevant

departments.

(5) The companion documents (The Final participation and

consultation Report [inclusive of the comments by the public in

regard to the PDA advertising period] to be combined with this

document, this document should also make reference to the data

sets used, the background to the scheme and justification for the

manner in which the scheme was developed);

(6) The Skills Transfer Report; and

(7) The GIS Data sets.

(8) Certified copy of the adopting resolution

submitted.

Phase Handover Process

8 The final approved documents need to be approved by Council and

endorsed by the Municipal Manager (including the maps). The Municipal

Manager will sign, date and noted adoption date on the following :

(1) The Land Use Management Framework and Policy Position;

(2) The Scheme Clauses for the entire municipality;

(3) The Scheme Mapping and Overlays for the entire municipality;

(4) The Areas subject to the Subdivision of Agricultural Land Act will have maps and clauses but packaged as a separate

entity for ease of submission to the relevant departments.

(5) The companion documents (inclusive of the Final participation and

consultation Report, and PDA comments, amongst other matters);

(6) The Skills Transfer Report; and