Understanding the Tshwane Land Use Management By-law 2016:
Pretoria, like all South African cities and municipal regions, was required to implement its own land use management by law with the passing of the Spatial Planning and Land Use Management Act 16 of 2013 (SPLUMA).
The Tshwane Land Use Management By-law (2016) is a key document outlining various regulations and processes for land development applications in Pretoria.
Purpose of the Tshwane Land Use Management By-law 2016 from a Legal Perspective
The purpose of the Tshwane Land Use Management By-law 2016 is to implement “municipal planning” as envisioned in the Republic of South Africa’s 1996 Constitution by laying out and
combining procedures and processes facilitating and organizing land development and land development applications in spatial planning, and a land use scheme within the City of Tshwane’s jurisdiction to provide for the procedures and processes of a Municipal Planning and Appeals Tribunal and to provide for things incidental thereto, in accordance with the Spatial Planning and Land Use Management Act, 2013 (Act 16 of 2013).
What Topics Does the By-law Cover?
The Tshwane Land Use Management By-law 2016 regulates Land Use Planning within the City of Tshwane. Let’s look at some as examples of what it covers:
- Application Process and Procedures:
- Process and Procedures for Rezoning in Pretoria
- Process and Procedures for subdivision in Pretoria
- Process and Procedures for Removal of Restrictive Conditions in Pretoria
- Process and Procedures for Township Establishment in Pretoria
- Process and Procedures for Consolidation in Pretoria
- Process and Procedures for Consent Use in Pretoria
- Provides Requirements for the submission of land use applications, that include:
- Rezoning Applications in Pretoria
- Subdivision Applications in Pretoria
- Applications for Removal of Restrictive Conditions in Pretoria
- Township Establishment Applications in Pretoria
- Applications for Consolidation in Pretoria
- Applications for Consent Use in Pretoria
- Legal Process and Procedures:
- Process and procedures for a Municipal Tribunal (MPT)
- Process and procedures for a Municipal Appeals Tribunal (MAT)
- Roles and Responsibilities:
- Responsibility of the City of Tshwane in a land development application
- Responsibility of the Applicant/owner in a land development application
- Timeframes: provides timeframes applicable to each section or procedures of a land use application
- Engineering Services: provides guidelines for the provision of engineering services for land use applications.
Why does it matter to you?
- Understand What You Can Do: The By-law establishes what is permissible, the applicable processes to follow, whether you wish to develop a vacant property, build an expansion, or start a home company- its important that you understand the basics of the By law.
- Safeguarding Your Neighbourhood: The By-law attempts to strike a compromise between private property rights and more general community concerns for appropriate development.
- Development in Your Area: The By-law provides you with an opportunity to voice your opinions by outlining the processes for public notification and comment on development projects.
Roles and Responsibilities
In terms of the Tshwane Land Use Management By-law 2016, the roles and responsibilities:
Applicant / Town Planner/ property owners’ responsibilities include, to name a few:
- Compile the relevant land use application as per the requirements of the By Law.
- submitting a completed application in accordance with the format specified by the municipality.
- Comply with the timeframes provided by the municipality.
- Payment of Application Fees
- Providing additional information and documentation, as requested by the municipality,
- Complying with City of Tshwane requirements
- Submit the Township Establishment application to the City of Tshwane Metropolitan Municipality.
Municipality’s responsibilities include:
- Process the land use application.
- Approve or reject the land use application.
- Provide feedback to the applicant on the outcome of the land use application.
- Issue a consent-use approval letter with conditions (if applicable).
- The municipality is also responsible for providing information on the capacity of municipal infrastructure services to the applicant.
Key Points to consider:
- The By-Law Works With key Town Planning Documents: Always consider it in conjunction with the Tshwane Town Planning Scheme and any other relevant regulations.
- Things Can Change: By-laws are periodically amended. As per our understanding the Tshwane Land Use Management By-law 2016 will be amended during the early part 2024.
- Ask If in doubt: Always consult a Professional Town Planner or the City of Tshwane planning Department for clarity.
Understanding the basics of the Tshwane Land Use Management By-law encourages you to make informed decisions about your property and contribute to the shaping of your neighbourhood area within the City of Pretoria (Tshwane).
Contact Urban Arrow to find out more about the Tshwane Land Use Management By-law 2016
Please note: This is a general guide. Specific requirements and procedures can vary. Always consult with a Qualified and Professional Town Planner for the most up-to-date information.
