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LUMS AND SCHEMES PDA MUNICIPAL FORUM 18 MARCH 2011

LUMS AND SCHEMES PDA MUNICIPAL FORUM 18 MARCH 2011. OFFICIAL DEFINITION OF LUMS. Incorporates the following: Spatial development framework Land use management framework Planning scheme Valuation roll Ownership and land tenure records Cadastral records

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LUMS AND SCHEMES PDA MUNICIPAL FORUM 18 MARCH 2011

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  1. LUMS AND SCHEMES PDA MUNICIPAL FORUM 18 MARCH 2011

  2. OFFICIAL DEFINITION OF LUMS Incorporates the following: • Spatial development framework • Land use management framework • Planning scheme • Valuation roll • Ownership and land tenure records • Cadastral records • Information on the provisions of services • Transport requirements • Environmental impact and requirements

  3. COMMON UNDERSTANDING OF LUMS (1) Maps and clauses (document) consisting of: • Definitions • Land use policies • Land use districts, management areas or precincts • Zones • Land use statements of intend • Permitted land uses • Consents (different types) • Prohibited uses

  4. COMMON UNDERSTANDING OF LUMS (2) • Development controls • Density • Spaces around buildings • Parking • Signage • Removal of indigenous vegetation • Architectural guidelines • Recognition of development prior to LUMS • Single document for the whole area of municipality • Can be adopted in terms of any law

  5. SCHEME IN TERMS OF THE PDA(1) Maps and clauses (document) consisting of: • Definitions • Description of area to which it applies • Land use: • Permitted land uses and conditions subject to which they are permitted • Land uses permitted with consent • Criteria • Controls • Prohibited land uses

  6. SCHEME IN TERMS OF THE PDA(2) • Recognition of development prior to scheme • Exemption of notice in the newspaper for consents • Areas or zones where the giving of public notice is required for the subdivision of land

  7. LUMS AND SCHEMES DIFFERENCES LUMS SCHEME

  8. LEGAL CONSEQUENCES OF USINGA LUMS AS A SCHEME • = LUMS that is not adopted as a scheme but is used as if it is a scheme • Possible explanation: • Thought LUMS was duly adopted as a scheme • LUMS originally served only as a guideline • Examples: Nkwazi, Plessislaer, Paul Pietersburg, Pomeroy, Utrecht • Legal status = No rights accrued • Easy for opposition to get a court declaration that rights have not accrued • Potential claim for damages against municipality

  9. WHAT TO DO IF A LUMS WAS NOT DULY ADOPTED AS A SCHEME BUT WAS USED AS A SCHEME • Prepare updated scheme from records, including unlawful approvals • Adopt updated scheme in terms of the PDA

  10. GERT ROOS 14th Floor, North Tower Natalia Building 330 Langalibalele Street Pietermaritzburg, 3200 Tel: (033) 33 395 2656 Fax: (033) 33 3949 714 E-mail: gert.roos@kzncogta.gov.za Website: www.kzncogta.gov.za

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