Understanding the key definitions in town planning unlocks the how and why behind the development of our towns and cities.  In this blog post, we will investigate and provide input on the legal definitions in terms of common town planning terms and definitions in terms of the relevant By-Laws , giving you the knowledge to navigate legal understanding for town planning and your project:

Disclaimer: The following definitions are derived from various municipal and provisional legislation and may vary slightly depending on your specific location. It is always advisable to consult your local planning authorities for the most accurate and up-to-date information.

• Agricultural holding: means an agricultural holding as defined in the Agricultural Holdings (Transvaal) Registration Act, 1919 (Act 22 of 1919);

• Application: Means an application submitted to the Municipality in terms of section 16 of this By-law or any other law as may be applicable in terms of this By-law and a land development application shall have a corresponding meaning;
• Bulk service: means the municipal capital infrastructure associated with that portion of an external engineering service which is intended to ensure provision of municipal infrastructure services for the benefit of multiple users or the community as a whole
• Consent use: means a land use permitted in terms of a particular zoning with the approval of the relevant municipality.

• Conditions of approval: means condition(s) imposed by the Municipality in the approval of a land development application, including any conditions contained in the annexure(s) and/or plans and/or attachment(s) that form part of the approval and/or are referred to in the approval of the land development application;
• Consolidation: means the joining of two or more adjacent properties into a single entity that is capable of being registered in the deeds registry as a single property, in terms of an approved consolidation application as contemplated in this By-law or any other law
• Departure: means an altered development parameter granted on a permanent basis or a right to utilise land for a purpose granted on a temporary basis

• Erf: means land in an approved township registered in a deeds registry as an erf, lot, plot or stand or as a portion or the remainder of any erf, lot, plot or stand or land indicated as such on the general plan of an approved township and includes any particular portion of land laid out as a township which is not intended for a public place, whether or not such township has been recognized, approved, established and proclaimed as such in terms of this By-law or any repealed law;

• General Plan: means a general plan as defined in section 1 of the Land Survey Act, 1997

• Land use: means the purpose for which land is or may be utilised lawfully in terms of a zoning scheme or in terms of any other approval, permit or consent issued by a competent authority, and includes any conditions related to the land use
• land development application” means one, or a combination, of the following applications submitted to the Municipality under Chapter 5 of this By-law with the intention to obtain approval for land development:
  • rezoning;
  • consent use, permission, and relaxation in terms of the Land Use Scheme or By law
  • the subdivision and/or consolidation of land;
  • the removal, amendment or suspension or deletion of restrictive conditions
  • consent of the Municipality in terms of Title Deed conditions
  • consent in terms of conditions of approval
  • the establishment of a township;
  • the extension of the boundaries of a township;
  • the amendment or cancellation of a general plan; and/or
  • any other land development application in terms of the relevant Land Use Scheme or
• Town Planner: means a professional or technical planner registered in terms of the Planning Profession Act, 2002 (Act 36 of 2002), unless the South African Council for Planners has reserved the work to be performed by a registered planner in terms of this Act for a particular category of registered persons in terms of section 16(2) of the Planning Profession Act, 2002, in which case a registered planner means that category of registered persons for whom the work has been reserved
• Restrictive condition: means any condition registered against the title deed of land restricting the utilisation, development or subdivision of the land concerned, excluding servitudes creating real or personal rights
• Rezoning: means an amendment of a zoning scheme in order to effect a change of zoning in relation to a particular portion of land to another zoning provided for in the relevant zoning/land use scheme;
• Servitude: means a servitude registered against a title deed of land or which has been created through legislation;
• Subdivision: means the division of a land unit into more land units, and includes any physical activity on the land to prepare the land for subdivision, but does not include the preparation of a subdivision plan;
• Title deed: means any deed registered in a Deeds Registry recording ownership of land and includes deeds of grant and ninety nine (99) year leasehold titles;
• Zoning: means a land use category regulating the utilisation and development of land and setting out—
  • the purposes for which land may be utilised; and
  • the development parameters applicable to that land use category, as determined by the applicable zoning scheme

For more insights on Town Planning Definitions, visit Urban Arrow.