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Pretoria Registrar's Circular 17/2015

30 July 2015

Pretoria Registrar's Circular No 17 of 2015:

Guidelines for dealing with transitional measures in terms of the Spatial Planning and Land Use Management Act.

SPLUMA does not provide sufficient detail and guidance on transitional arrangements with regard to the administrative actions required to be taken by municipalities to finalize all types of applications. To this end the Department of Rural Development and Land Reform has developed a Guideline in conjunction with key stakeholders to provide guidance to Provinces and Municipalities to develop Provincial specific Transitional Arrangements.

(Free Township training will be offered in August - see details below)

In reading Annexure A of the Circular the following conclusions should be borne in mind:.

“7. Conclusions
It should be noted that although this document has attempted to provide guidance to Municipalities and Provinces on how to deal with the Transition into a new planning system, the complexities in each Province need to be addressed at Provincial level. This guide should further inform Provincial specific transitional measures that should be developed by Provinces.

Whilst the legality of some of these guiding provisions may be contested, the Department is of the view that these guidelines will assist with the practical facilitation of a smoother transition given the delays in the adoption of bylaws at municipal level. A transitional measure remains in place for a period of time until the requirements for the new system are in place. This implies that once a municipality has a bylaw in place the issue of transitional measures will not be required in that specific area.

It is reiterated that this document is not intended as a legal opinion or prepared in anticipation of litigation, but to provide a practical guidance to municipalities for purposes of implementation of SPLUMA. Implementation and interpretation should not lead to absurdity in crafting transitional guidelines but it should resonate the obligations of municipalities to promote development and provide service delivery.

The Minister in terms of Section 9 of the SPLUMA will also in the near future finalise work on addressing issues of non-compliance by municipalities to provisions of the Act. Municipalities must however note that non-compliance to provisions of the SPLUMA will lead to legal challenges and, the validity of decisions taken by any established institution that is inconsistent with provisions of the Act, can be legally challenged. This will lead to unnecessary expenditure and in certain cases legal action that will cost the municipality large sums of money to defend in a court of Law."

Pretoria Registrar's Circular No 17 of 2015

 


 

Township Training - Deeds Office Pretoria
The Township Training will take place from 24/08/2015 - 28/08/2015, every day between 11h00 – 13h00 at the Execution Hall (1st floor), Deeds Office, Pretoria.

Day Topic

Presenter

Day 1  Qualification of Conditions

Theo Bester

Day 2

Plotting of Conditions 

Suzette Pretorius

Days 2 - 4

Township Establishment in terms of Registrar's
Circular 3 of 2015

Suzette Pretorius
Day 5 Spatial Planning and Land Use Management Act

Suzette Pretorius

 

For more information email Suzette Pretorius at suzette.pretorius@drdlr.gov.za

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