ARTICLE · 29 NOVEMBER 2013

Planning Legislation Gets A Makeover

Garlicke & Bousfield Inc.

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The Spatial Planning & Land Use Management Act, 2013 ("SPLUMA"), which is part of a law reform process designed to align land use planning with specific provisions of the Constitution, became law in August, 2013.

South AfricaReal Estate and Construction

Megan Gedye

The Spatial Planning & Land Use Management Act, 2013 ("SPLUMA"), which is part of a law reform process designed to align land use planning with specific provisions of the Constitution, became law in August, 2013.

In September 2013 the National Office of the Department of Rural Development & Land Reform hosted a special forum in Durban to unpack the way in which SPLUMA will dovetail with the Planning & Development Act ("PDA"). Discussions revealed that under SPLUMA, municipal or 'town' planning has been placed firmly within the sphere of local government.

The Western Cape Provincial Government, for example, in agreement with The Department of Rural Development & Land Reform, has recently advised that each local Municipal Council in that Province will adopt its own planning by-laws. This approach flows from the recent decision of Judge Davis in the "Habitat and Gordon's Bay" judgment in which he held that legislation which confers on the MEC powers to make decisions

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