Provincial land use management legislative processes:

Reflections from the KZN PDA

Presentation at DRDLR Workshop 03 May 2013

SACN engagement with legal process

– Understand practice: Examine SACN and econ hubs in 9 provinces• 9 provincial reports: One cross cutting publication

– Identify important legal issues for provincial laws • One publication important legal issues provincial

laws

– Respond to the SPLUMB • Reponses to the SPLUMB from SACN and some

cities

Provincial legislation: why this work?

• Lens to examine implications and lessons from PDAs– Learnt from its enactment and implementation – Small comparison with other provincial

processes – How can we if at all deal with burning question

of spatial transformation?

Overview

• KZN tackled the legislative issues fairly early

– KwaZulu-Natal Rationalisation of Planning and Development Laws Act, 2008 (Act No. 2 of 2008)

– Town Planning Ordinance Amendment Act with the “Rationalisation” Act, to “simplify and update existing provincial planning and development laws until the PDA 2008

– Importantly, phasing towards a PDA

• Some notable provisions – Wall to wall schemes – outlining of criteria for all decisions– time frames for all steps – compulsory disclosure of certain documents

or facts– compulsory professional evaluation of

applications and accountability– blanket removal of certain out-dated

conditions of title by law

•

How they went on about it…

• Capacity: – initiatives included drafting a manual, leaflets

and process wall charts. – extensive training programmes were rolled out

for councillors and municipal officials• Forums of learning and support

– PDA Forum running for three years • Stretched and phased over years • Inclusive legislative process

•

How they went on about it…

• Merit for phased methods where:– Capacity– Little consensus

• Pragmatism, adaptation, – “It is important to keep momentum. It is very

easy to lose a year in an effort to please everyone. We often had to cut our losses along the way, like reducing the scope of the Act in order to make progress.

Lessons

• Even with longer time for shift in powers and functions, still problems at LG

• Constitutional imperative planning and LG– Municipalities have been given powers that

they often are not able to manage– We have fallen victim to our own ambitions

not taking into existing capacity (Adv Budlender)

• Many KZN PDA provisions ambitious

Lessons

• The planning status quo, in many ways is comforting, non-threatening, – “It was much easier to get consensus on

extending existing legislation than to get consensus on new legislation.”

• Necessity of extensive inclusivity • Like many process some room for

amendments– Notice to people within 100m

Lessons

Lessons

• Reliance on other processes for laws successes – Create processes for sectoral land

development issues eg agricultural land, environmental etc

• Potential dangers of over-legislation… – set realisable goals

• Postscript: numerous changes (2009) and revised bill 2012 and talk of new law

Inter-provincial comparisons

• KZN PDA each lum process different chapter other provinces managed as single chapter

• WC focus on IG arrangements, allocation of powers and functions

• Gauteng and WC great emphasis on SDF preparation– Greater support to guide spatial transformation – SDF avenue for national and provincial interests

• Registered planners (KZN and WC)

Inter-provincial comparisons

• KZN and WC municipality makes decision, provincial tribunal appeals– KZN appeal tribunal solely provincial entity – Gauteng Bill municipal tribunals and single

appeal tribunal, MEC appointed with LG reps • Schemes: single (WC and Gauteng)

multiple (KZN)• Enforcement: KZN extensive and onerous

WC and Gauteng allow for by laws

Understanding urban land

Tools to manage land

Hou

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; tra

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urban land m

anagement

Who, where, what for, how much

Inte

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Transform

SACN and land

A transformative agenda through the law?

• Law reform intended to:• Powers and functions clarification • Replacing fragmented and racially based laws

• There is a transformative agenda • Reason why LG has certain developmental functions • KZN law: Intent “redresses the historic injustices

perpetuated by the old order fragmented planning and development system”

• Legislation is a means to an end

There is a larger agenda

• National Development Plan (NDP)– strong and efficient spatial planning system,

well integrated across the spheres of government

– informal settlements located on suitable, well-located land

– more people living closer to their places of work, more jobs in or close to dense, urban townships and better public transport

Some legislative possibilities

• Critical role SDF in driving this agenda– Provisions strengthening these

• Giving planning authorities power to override “NIMBYsm eg N Cape; SPLUM

• Principles decision making: Gauteng, WC – How effective given DFA experiences?

• Free State incremental upgrading of informal settlements in Bill

But we should be careful

• Unintended consequences –KZN PDA wall to wall schemes call for

regulations to allow more leeway in the former disadvantaged areas

–Applicability in rural areas–Scaling of fees–Urban edges and the cost of land

THANK YOUMichael Kihato

South African Cities Networkmichael@sacities.net