Real Estate Investor Magazine South Africa December - January 2014 | Page 49
COMMERCIAL
• The impact of recent national legislation
(such as the Spatial Planning and
Management Act (number 16 of 2003)) is yet
to be fully acknowledged
• A dire shortage of electricity and water
availability which, although not directly
attributable to loca l authorit y
mismanagement,
effectively delays development because
the desired level of spatial planning is not
supported by utility availability
• The correct appeals process (as defined in
the section 62 of the Municipal Systems Act
(Act 32 of 2000) is not followed by an
applicant wishing to appeal a council’s
decision not to permit the new development
All this means that developers may well
consider themselves to be playing within
a minef ield when it comes to formulating,
submitting and progressing a town planning
application in anticipation of a proposed
development.
Formulating a comprehensive
motivation
The motivation of a new development to your
local authority is an important aspect and
should comprehensively cover the following
criteria (for this is how your application shall
be evaluated):
• The subject site’s suitability for proposed
development vis-à-vis location, accessibility
and physical characteristics
• The consistency with higher order policy and
planning frameworks
• The conservation worthiness and
consideration of existing buildings,
structures, vegetation and other natural
features
• The compatibility of the proposed
development and land use(s) with the
character and existing spatial structures of
the surrounding area
• The current and future access to the subject
development and possible traffic problems
• The cost and availability of the required
services and infrastructure of the new
development
• The external visual impact of the proposed
development (as well as, in some instances,
the internal aesthetic aspects)
• Any potential disruption of or damage to the
environment and any public nuisance that
may result from the proposed development
and new land use(s)
www.reimag.co.za
• The potential of the proposed development
site for alternative uses and other
development.
Metropolitan authority-most
commonly used Local Ordinance
Johannesburg - Transvaal Town Planning
and Township Ordinance (number 15 of 1986)
Cape Town - Land Use Planning Ordinance
(Ordinance 15 of 1985)
Durban - Town Planning Ordinance No. 27
of 1949
Port Elizabeth - Townships Ordinance 33 of
1934
Pretoria - Transvaal Town Planning and
Township Ordinance (number 15 of 1986)
Polokwane - Transvaal Town Planning and
Township Ordinance (number 15 of 1986)
Advice to expedite your application
The approximate period between submitting
an application and obtaining the conditions
of establishment (which allows your proposed
development to proceed) is between eighteen
and twenty four months. However, there are
some action steps which you could employ to
expedite this process:
• Identify and develop a business relationship
with the planning officer who is responsible
for managing your application through the
various departments and processes of your
local authority
• Remain intimately involved in the process
so that you can monitor the progress of your
application and discern any officials that are
delaying the process through procrastination
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