GEORGE NEWS - A piece of legislation on land use and spatial planning and its influence on decision-making in local municipalities regarding development applications was in the spotlight during a discussion by a panel of experts last week.
The event was hosted in George by Stadler & Swart Attorneys and Standard Bank at Protea Hotel King George.
The evening was held with a view to get clarity on municipalities' decision-making regarding certain large developments, based on guidelines in their Spatial Development Framework (SDF) and provisions of the Spatial Planning and Land Use Management Act (Spluma).
Drawn-out disputes between eager developers and municipal officials, who withhold their stamp of approval, often lead to huge expenses and even court cases in some instances.
Frustrated developers are at odds with officials about their interpretation of Spluma, specifically the intention of Section 22 (1) and (2).
It states that the decision-making authority may not make a decision which is "inconsistent" with a municipal SDF (a guideline document compiled by a municipality and reviewed every five years).
The decision may, however, depart from the SDF if "site-specific circumstances" justify it.
Launching the discussion, Adv Sean Rosenberg SC, one of the panellists, said the function of an SDF is being "a policy document that assists decision-making" and as such, it is at odds with Section 22 of Spluma with its "unnecessarily rugged wording".
"I anticipate that the courts will give greater weight to an SDF being a policy document," he said.
Geoff Underwood, director of Planning Partners in Cape Town, was of the opinion that SDFs are important planning tools, not blueprints "that must act in a negative manner".
"Municipal planners are using the provisions of Spluma to interpret the SDF and planning law in a particularly restrictive manner, which is adversely affecting sensible economic development, particularly in the vicinity of the sawmill site (in George)."
'It's about budgeting, densifying'
Alan Rhodes from the Department of Environmental Affairs and Development Planning touched on the financial implications that unfettered urban sprawl can have for a municipality.
He said municipalities need to budget for infrastructure provision, and plan accordingly.
Planning legislation and SDFs are aimed at achieving higher density.
South Africa is the country with the least dense urban areas in the world.
He warned against the effects on a CBD when development starts happening on the peripheries of a town, which has in South Africa proven to be extremely detrimental in many cases.
Delia Power, head of planning in George, agreed, "SDFs are not just guidelines, but a financial budgeting tool. We must be cautious to deviate from it."
'Spluma should be amended'
Western Cape Government Director of Land Management Kobus Munro aired his opinion that Section 22 of Spluma should eventually be amended.
A balance should be found between what municipal planning departments are trying to achieve and their responsibility to ensure sustainable development on the one hand, and developers' efforts to develop and bring economic growth, on the other hand.
The panellists were Adv Sean Rosenberg SC from the Cape Bar, André Swart from Stadler & Swart Attorneys, and three officials from the Western Cape Department of Environmental Affairs and Development Planning, namely Kobus Munro (Spatial Planning director), Theo Rebel and Alan Rhodes.
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