DEVELOPMENT DECISION MAKING

1. DEVELOPMENT DECISION MAKING

2. Integrating “forward planning” and “development” • Development applications come in the form of: • special consent use and rezoning • full townships • subdivision of land (or amendment to a general plan) • development outside of schemes (R3 bill in 2005 of which more than half outside of schemes – see slide 4 as an example) • removal of restrictions etc • and mostly include matters of service provision and land registration • Should be assessed in terms of accepted principles • Land use change should only be allowed when it: • does not unreasonably affect the rights of others • brings public benefits which significantly outweigh its potentially negative private impacts

3. Responsibility for decision making - key pieces of legislation

4. Eagle’s Crest Prosper 2 X Gowrie Oakwood Bosch Hoek The Bend Siteka Kwavula Bosch Hoek 2 Garlington New Forest Hopedale New Forest/ Avenol Inhluzane

5. KEY PRINCIPLES IN ASSESSING APPLICATIONS • Each LM should make sure that it has: • a coherent policy framework for land development, land registration and planning (through the IDP & LUMS) • mechanisms to speed up and facilitate the consideration of land development applications • The following principles serve as a guideline in decision making on land development • Land development projects should be consistent with these principles

6. Development in formal and informal, existing & new settlements • Ensure that policies & admin practices: • provide for urban & rural land development • facilitate the development of formal & informal settlements • as well as existing & new settlements • This requires decision makers to think broadly • Past practices saw attention focused on urban development & rural development was neglected • remember, 53% of the KwaZulu-Natal population is rural • rural development needs special programmes to encourage development (eg rural housing projects should include this)

7. How can this principle be implemented? • Give equal attention to urban & rural concerns • Consider formal & informal means of securing land tenure for residents • Recognize that development activities are required in new settlements on vacant land as well as existing settlements

8. Illegal occupation of land • Policies, practices & laws (or by-laws) should discourage illegal occupation of land • Results in fragmented settlement pattern • Difficult to deliver services • Creates conflict

9. Illegal occupation of land (contd) • How can this principle be implemented? • focus on ways to prevent illegal invasions • land must be opened up for legal occupation at a rate that meets the demand • Difference between illegal settlement & informal settlement • land can be settled informally (eg through LFTEA) but legally

10. Efficient & integrated land development (within schemes & outside schemes) • Policies, practices & laws (or by-laws) should promote efficient & integrated land development through: • integration of of social, economic, institutional & physical aspects land development • integrated land development in urban & rural areas • availability of residential & employment opportunities; ( N.B. for people to live close to job opportunities) • encouraging optimal use of existing resources and services

11. a diverse combination of land uses • discouraging urban sprawl (urban sprawl does not use existing infrastructure efficiently & it reduces agric land) • assisting in correcting historically distorted settlement patterns (densify in already developed areas either on vacant land or re-development of existing developments) • encouraging environmental sustainability (promoting a good relationship between settlements & and the natural environment)

12. Public Participation • Encourage active participation of communities in both the planning phase & the land development process

13. Capacity Building • Develop the skills and capacity of people involved in land development • Community based projects (private & public) should include the development and use of local skills

14. Facilitate co-operative government and partnerships • Set up partnerships & systems with key government departments and stakeholders eg: • Dept of Environmental Affairs • Dept of Transport • Dept of Water Affairs • Land Claims Commission • between the LM, the DM and Provincial Planning • service providers (engineering and other)

15. Municipality Dept of Local Govt and Traditional Affairs • Mandates • Municipal Structures Act • Constitution • Others • Investment • Employment opportunities • Growth • Mandates • LEFTEA • DFA • TPO • KLAA • Others • Co-operative Governance • Achieving common objectives through co-operation Dept of Agriculture and Environmental Affairs • Mandates • Environmental Conservation Act • NEMA

16. Dept of Local Government & Traditional Affairs (Dev Planning) Local Municipality District Municipality Dept of Transport Dept of Health Dept of Economic Affairs and Tourism Dept of Agriculture and Environmental Affairs Dept of Water Affairs & Forestry Service Providers Eskom, Umgeni Water, Local and District Munic Natal Agricultural Union (for development of agric land) Land Claims Commissioner Neighbours Interested and affected parties Broad community participation Key Role Players in theDevelopment Process

17. Clear laws, procedures and administrative practices • Laws and procedures should be clear and made generally available and should promote trust and acceptance

18. Sustainable land development • New developments must be viable to last long term (from physical, social & economic point of view) • If not, the problem, medium to long term, will outweigh the short term benefit

19. Sub-principles ofsustainable land development • capacity of public authority must be taken into consideration (eg if services will be too stretched then hold off on development or consider alternatives - or if development means some maintenance by LM and it can’t maintain, then seek alternative eg privatization) • sustainable communities (rural housing example) • affordability – can the services being put in be sustained?

21. Sub-principles ofsustainable land development (contd) • Entrenching a dispersed rural settlement pattern with substantial service delivery implications can lead to unsustainable land development i.t.o: • cost of services; • level of services; and • time required to address backlogs.

23. Sub-principles ofsustainable land development (contd) • Sustainability ito natural environment • Physical constraints to sustainability eg. • is the development within an area which is susceptible to flooding? • for a golf estate, is water available without undue pressure being placed on the natural environment? • are there geotech constraints? • is the development encroaching into the Admiralty Reserve?

25. Speedy land development • Planning & development processes (i.e. admin processes, assessment mechanisms, decision making system) must be quick • Slow processes: • discourage private sector investment • encourage unauthorised development • create distrust etc

26. No one land use is more important than any other • Each proposed development should be judged on its own merits • No particular land use (residential, commercial, conservational, industrial, mining, agricultural etc) is more important than the other • rather, decisions must be based on sound planning • in the past certain sectors were seen as more important eg. mining and agricultural sectors were often seen as more important than other sectors • This concept recognizes that the market does not always dictate decision making

27. Security of Tenure • Land development should: • result in secure tenure • provide for a wide range of tenure options (including communal tenure) • in cases of informal settlement ‘upgrades’ resettlement options must offer more secure tenure

28. Points to consider • When assessing projects these principles cannot be applied one by one • They should be applied holistically • Not all the principles will apply in all cases • Therefore, before the assessment of an application, the assessing authority should agree on which principles would be applicable in a particular case & then assess the application on that basis

29. Points to consider (contd) • Principles cannot be applied mechanically & rigidly • Cannot be used to construct standardized settlement forms or ways of doing things • They need to be translated creatively into forms which are sympathetic to and informed by local contextual conditions • Ensure that projects initiated by an LM are in line with its IDP and LUMP • eg don’t get an implementing agent to undertake a rural housing project which is not identified on the IDP or LUMP

30. Addressing unauthorised development • Mandate • emergence of unauthorized developments taking place on rural, tribal, peri urban and urban areas • mandate lies with LM inside and outside existing schemes to address • Benefits of managing development • Provides for orderly planning • Provides assistance to developer in securing development rights • Provides assistance to developer in obtaining loans, funding etc. • Improves property value • Contributes towards receiving accreditation by tourism boards (for tourism ventures • Adds security when applying for building insurance

31. Addressing unauthorised development(contd) • Ensures that development is built in accordance with the national building regulations • Ensures that development meets service standards i.e. water, sewerage and refuse disposal, and other issues such as traffic, pollution and environmental requirements. • Addresses environmental impacts • Integrates land development with any future land use scheme/plan • Provides a mechanism for openness and transparency (as required by the Constitution) • Is the right and lawful thing to do to avoid prosecution • A failing of SA land development legislation is a lack of enforcement capacity • It is very important to build municipal capacity to address this problem

32. Thank you