Overview of Legislation and existing classification efforts

National Land Use Classification
Workshop:
Overview of Legislation and existing
classification efforts
Presented by Werner Fourie
13 - 28 November 2012
Contextualising land use
SECTION 1
Legal Framework for Planning
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Constitution of RSA No 108 of 1996 – the primary role being the assigning of municipal planning
responsibility to municipalities.
Municipal Systems Act No 32 of 2000 – setting out in Chapter 2 the requirement, amongst other,
for newly elected municipal councils to prepare and adopt an integrated development plan (IDP)
for their respective areas and to provide for annual revision thereof.
The IDP is required in terms of the act to include a spatial development framework (SDF) which
must include the provision of basic guidelines for a land use system for the municipality.
Development Facilitation Act No 67 of 1995 (DFA) – originally envisaged as interim legislation post
the 1994 national elections to facilitate accelerated housing delivery by waving other legislation
and giving decision making to provincial Development Tribunals (where established), but utilized to
a large extent by the private sector for the development of amongst others, shopping centres, golf
course estates, etc. Section of this legislation have since been declared unconstitutional by the
Constitutional Court as it usurped the decision making powers of municipalities and is required to
be repealed or amended by June 2012. Note: Despite sections of the Act being declared
unconstitutional by the court, its General Principles for Land Development, as contained in Chapter
1, Section 3 of the act, are still deemed valid.
Less Formal Township Establishment Act No 113 of 1991 – this act provides for shortened
procedures for the establishment of townships, for less formal forms of residential settlement and
to regulate the use of land by tribal communities for communal forms of residential settlement
Planning Acts and Ordinances in the provinces. - The majority of legislation directly controlling
planning in the nine provinces is still pre-1994 legislation enacted by the original four provinces of
South Africa and they are all also generally unconstitutional in some or other aspect.
Provincial Legislation
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Free State – Townships Ordinance No 9 of 1969
Eastern Cape - Cape Land Use Planning Ordinance No 15 of 1985
North West – Cape Land Use Planning Ordinance No 15 of 1985
Western Cape – Cape Land Use Planning Ordinance No 15 of 1985
Gauteng – Transvaal Town Planning and Townships Ordinance No 15 of 1986
Gauteng Planning and Development Act 3 of 2003
Limpopo – Transvaal Town Planning and Townships Ordinance No 15 of 1986
Mpumalanga – Transvaal Town Planning and Townships Ordinance No 15 of 1986
Northern Cape – Northern Cape Planning and Development Act No 7 of 1998.
KwaZulu-Natal - KwaZulu-Natal Planning and Development Act No 6 of 2008 (and
vestiges of Natal Town Planning Ordinance No 27 of 1949 for special consents).
Future Legislation
• Spatial Planning and Land Use Management
Bill (SPLUMB) – National legislation.
• Provincial Acts & regulations
Spatial Planning System
• The spatial planning system* in the Republic consists of the following
components:
– spatial development frameworks to be prepared and adopted by
national, provincial and municipal spheres of government;
– development principles, norms and standards that must guide
spatial planning, land use management and land development;
– the management and facilitation of land use contemplated in
Chapter 5 through the mechanism of land use schemes; and
– procedures and processes for the preparation, submission and
consideration of land development applications and related
processes as provided for in Chapter 6 and provincial legislation
*Spatial Planning and Land Use Bill
Spatial Development Frameworks*
• A tool to achieve the desired spatial form of the Municipality.
• A framework that seeks to guide overall spatial distribution of
current and future land use within a municipality in order to give
effect to the vision, goals and objectives of the municipal Integrated
development Plan.
*Guidelines for the development of Municipal Spatial Development Frameworks
Example – Spatial Development Framework
Land Use Management System (LUMS)
• Means the system of regulating and managing land use and
conferring land use rights through the use of schemes and land
development procedures
• Elements of a Land Use Management System
– Legislation
– Spatial development frameworks and structure plans.
– Land use schemes (also known as zoning schemes or town planning
schemes).
– Related regulations and policies
– Processes and procedures (applications forms, approval processes etc.)
– Valuation and rating system
• RDLR aims to introduce a new set of tools to this system:
– Land use classification, methodology and symbology
Example – Land Use Scheme
Is land use therefore only required by
town planners?
• Parastatals such as Eskom & Telkom require land use data to allow them do
capacity planning. These Parastatals relate infrastructure requirement to land
uses.
• National Department of Agriculture have a need of agriculture type land use
information down to an actual crop/field and livestock level (e.g. tomato fields
etc.). This department currently deals with the sub-vision of agricultural land.
Key to motivating why land should or should not be sub-divided is to attach a
value to the agricultural component of the property. From the field crop
boundary dataset it is possible to calculate a % of land that is used for cultivated
land – but the actual crop is needed to calculate a value.
• Provincial Departments such as Dept. Of Agriculture and Environmental Affairs
do not generate land use information. They do, however, require land uses to
evaluate certain of their projects and programmes e.g. environmental impact
assessments.
• Municipal property valuers require land use data in order to accurately
determine the market value of a property.
Other legislation affecting planning
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Subdivision of Agricultural Land Act 70 of 1970.
National Building Regulation, Act 103 of 1977
Physical Planning Act No 125 of 1991.
Housing Act No 107 of 1997.
Housing Amendment Bill 2006
Housing White Paper
National Environment Management Act No 107 of 1998 (NEMA) and its suite of
associated Acts viz. NEM: Protected Areas Act, 2003; NEM: Biodiversity Act, 2004;
NEM: Air Quality Act, 2004; NEM: Integrated Coastal Management Act, 2008;
NEM: Waste Act, 2008.
National Heritage Resources Act No 25 of 1999
Social Housing Act of No 16 of 2008.
National Land Transport Act 5 of 2009.
Mineral and Petroleum Resources Development Act 28 of 2002
Other
What is a land use classification system?
• The aim of a land use classification is to establish a
national system for naming and defining groups of
land use. Elements of such a system include:
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Detail land uses
Definitions of land uses
A hierarchy or grouping of land uses
A methodology of deriving these land uses
A set of symbols to report on or map the land uses
Identifying components of a land use classification in existing South
African Legislation / Guidelines
SECTION 2
SPLUMB 2012
SPLUMB Lists 15 major land uses (purposes) and provides definitions for each
List of scheduled purposes:
(a) Agricultural purposes;
(b) business purposes;
(c) commercial purposes;
(d) community purposes;
(e) conservation purposes;
(f) educational purposes;
(g) government purposes;
(h) industrial purposes;
(i) institutional purposes;
(j) mining purposes;
(k) public purposes;
(l) recreational purposes;
(m) residential purposes;
(n) transport purposes; and
(o) any other purpose as may be
prescribed.
‘‘business
purposes’’
means
purposes
normally or otherwise reasonably associated
with the use of land for business activities,
including shops, offices,
showrooms, restaurants or similar businesses
other than places of instruction,
public garages, builder’s yards, scrap yards and
industrial activities;
‘‘commercial purposes’’ means purposes
normally or otherwise reasonably
associated with the use of land for distribution
centres, wholesale trade, storage
warehouses, carriage and transport services,
laboratories or computer centres,
including offices and other facilities that are
subordinate and complementary to
such use;
Classifying SPLUMB land uses into
hierarchy
Business purposes
(SPLUMB)
Means purposes normally or otherwise reasonably associated with the use of
land for business activities, including shops, offices, showrooms, restaurants
or similar businesses other than places of instruction, public garages, builder’s
yards, scrap yards and industrial activities
Business purposes
Shops
Offices
Showrooms
Restaurants
Residential purposes
(SPLUMB)
Means purposes normally or otherwise reasonably associated with the use of
land primarily for human habitation, including a dwelling house, group
housing, hotels, flats, boarding houses, residential clubs, hostels, residential
hotels and rooms to let
Residential purposes
Dwelling house
Group housing
Hotels
Flats etc.
SPLUMB 2012
Using the “land use purposes” as “main land use classes” and the definitions to
identify a hierarchy = 15 Main classes & 64 Sub-classes
Main Use (SPLUMB Schedule 2)
Secondary use
Agricultural purposes
Agricultural activities
Agricultural structures
Agricultural buildings
Dwelling units
Business purposes
Shops
Offices
Showrooms
Restaurants
Commercial purposes
Distribution centres
Wholesale trade
Storage
Warehouses
Carriage and transport services
Laboratories
Computer centres
Community purposes
Cultural activities
Places for social meetings and gatherings
Non-residential clubs
Gymnasiums
Sport clubs
Conservation purposes
Recreational activities
Means purposes normally or otherwise reasonably associated with the use of land for the preservation or protection of the natural
or built environment, including the preservation or protection of the physical, ecological, cultural or historical characteristics of
land against undesirable change or human activity
Educational purposes
Government purposes
Industrial purposes
Institutional purposes
Mining purposes
Public purposes
Recreation purposes
Residential purposes
Crèches
Schools
Lecture halls
Monasteries
Public libraries
Art galleries
Museums
Colleges
Universities
Means purposes normally or otherwise reasonably associated with the use of land by the national government, a provincial
government or a municipality to give effect to its governance role;
Manufacturing
Altering, repairing, assembling or processing of a product
Dismantling or breaking up of a product
Processing of raw materials
Noxious activity
Charitable institutions
Hospitals
Nursing homes
Old-age homes
Clinics
Sanatoriums
Mining
Open space
Public park
Public garden
Recreation sites
Sports fields
Public squares
Places for religious gatherings
Entertainment
Leisure
Sports activities
Amusement facilities
Recreational activities
Dwelling house
Group housing
Hotels
Flats
Boarding houses
Residential clubs
Hostels
NEMPA. National
Environmental
Management:
Protected Areas
Act 57 of 2003
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6 Main Classes
41 Sub-classes
Northern Cape
SDF
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Northern Cape developed Spatial Planning
Categories (SPC’s) as part of their provincial
SDF
These SPCs are generally consistent with
UNESCO’s MAB Programme and include all
land zonings that are provided for under the
existing Zoning Scheme Regulations.
The designation of SPCs does not change
existing zoning or land-use regulations or
legislation.
SPCs merely help to clarify and facilitate
coherent decision-making that can lead to
better zonation, laws and regulations. The
SPCs, furthermore, provide a framework in
terms of which land-use decisions can be
standardised throughout the province. It is
advisable that all zoning scheme regulations
be aligned with the SPCs.
It is proposed that the SPCs be applied for
land-use classification at all levels of
planning in the Northern Cape (refer
specifically to the preparation of IDPs, SDFs
and SDPs).
The SPC’s are also included in their draft
regulation meant to accompany SPLUMB.
Northern Cape SPLUMA Draft Regulations
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Introduced a 3 tiered classification as part of the Draft Regulations
Includes revised SPC’s (Spatial Planning Categories) and zonings
Furthermore lists land uses under the “summary of zones and development rules”
First province to include a classification as part of its legislation.
Category
Core Areas
Buffer Green areas
Agricultural areas
Spatial Planning Category
Protected area
Wilderness area
Special Nature Reserve
Conservation area
Contractual Conservation Area
Private conservation area
Ecological Conservation area
Urban green area
General farming
Intensive agriculture
Cultivated area
Plantation
Zoning
Public parks
Landscaped areas
Game farms
Stock Farms
Irrigated land
Urban Related areas
Residential
Business
Service related business
Special Business
Commercial Business
SMME
Mixed Use Development
Open Space
Transportation
Resorts
Tourism Related area
Single Residential House
Group Housing
Guest House
Flats/Residential Building
Mixed Density Residential Area
GAP Housing
Subsidised Housing
Informal Housing
Small Holdings
Residential Estate
Primary retail
Business Premises
Supermarket
Shop
Service trade
Service Station
Casino
Adult Entertainment
Liquor store
Liquor outlet
Incubator
Tuckshop
Tavern
Residential/light business;
Light industry/light business
Cemeteries excluding
Crematoriums.
Sports fields & Infrastructure
Parking areas, and services.
Airport and Infrastructure
Hospitality Corridor
Farmsteads &
Outbuildings
Main farmsteads
Industrial areas
Agricultural industry
Industrial Development
Light industrial
Heavy industrial
Extractive Industry
Surface Infrastructure and Buildings Road and street transport
Public Streets
Railway lines
Power lines
Telecommunication infrastructure
Renewable energy zone
Dams & Reservoirs
Canals
Sewerage Plants
Refuse Areas
Science and Technology
Other
Undetermined land
Special
Subdivisional area
Special consent
Silos
Packing facilities
Wine cellars
Service industry repair
Warehouses
Service station
Chemical works,
Brewery
Abattoirs,
Processing of hides
Crematoriums.
Stone crushing
Settlements and infrastructure
Multiple consumptive resource extraction, e.g. mining
National roads
Main roads Provincial and regional roads
Minor roads Regional and local roads
Public streets and parking areas
Overnight Facilities
Railway lines and associated infrastructure.
Power lines and associated sub-stations and infrastructure.
Radio/wireless communication
Telecommunications, which may include antennae, any support structure, and
ancillary structures
Wind turbine or solar voltaic apparatus
Major dams and reservoirs.
Irrigation canals and stormwater
Municipal sewerage treatment plants
Private sewerage treatment
Refuse landfill site
Science and technology areas
SKA designated astronomy reserve
KZN LUMS Guidelines for Municipal
Schemes (March 2012)
• The translation of the SDF land use areas into a Land Use Management
Framework (LUMF) or other linking plan usually requires the expansion of
basic land uses into a series of broad ‘generic’ land use areas/typologies,
as is appropriate for each particular municipality. The formulation of the
zones for a Scheme requires that these broad land use areas/typologies
are translated into one or more variant zones.
• Identified 11 “Parent Land Use Category”, 33 “Generic land use types” and
72 “Detailed variations of the Generic Type” – intended as “zonings”.
• It also identified possible additional land use categories (related to
hospitality, tourism, agriculture, residential and recreation parent
categories).
• Furthermore included rural land use descriptions as related to traditional
authority areas.
Parent Land Use Category
Generic Land Use Type
Detailed Variations of the Generic Type: The Zone
RESIDENTIAL
Detached Housing
Detached 1 (e.g. Min lot 500m2)
Detached 2 (e.g. Min lot 800m2)
MDH 1
MDH 2
Cluster Housing
Group Housing
High Density 1
High Density 2
Medium Impact Residential 1
High Impact Residential 1
Hotel 1
Hotel 2
Holiday Resort
Chalets
Camping
Caravan Park
Medium Density Attached
High Density
Medium Impact Residential
High Impact Residential
Hotel
Holiday Resort
NON-URBAN RESIDENTIAL
Informal/Transitional Residential
Informal
Traditional Settlement
COMMERCIAL/MIXED USE
Mixed Use
Suburban Retail & Offices
Offices
Business Park
Petrol Filling Station
Informal/Transitional Residential
Rapid Urbanization Areas
Rural Clusters – Imuzi
Scattered – Imuzi
Core Mixed Use 1
Core Mixed Use 2
High Impact Mixed Use
Medium Impact Mixed Use
Mixed Use 1
Suburban Retail & Offices
Central Offices
Suburban Offices
Office Park
Business Park
Petrol Filling Station
CIVIC AND SOCIAL
OPEN SPACE
Municipal/ Government & Administration
Health & Welfare
Education
Worship
Passive Open Space
Active Open Space
Conservation
Nature Reserve
INDUSTRY
Mining & Quarrying
Noxious Industry
General Industry
Light Industry
AGRICULTURAL
Industrial Park
Urban Agriculture
Commercial Agriculture
Traditional Subsistence
Agriculture & Tourism
ROADS/TRANSPORTATION AND ACCESS
UTILITIES AND SERVICES
SPECIAL ZONES
Utilities & Services
Municipal/ Government & Administration
Health & Welfare
Education
Worship
Parks
Playing Fields
Private Open Space
Conservation
Game Reserve
Nature Reserve
Mining & Quarrying
Extractive Industry
Noxious Industry
General Industry 1
General Industry 2
Light Industry
Service Industry
Industrial Park 1
Urban Agriculture/Market Gardening
Horticulture
Plant Nursery
Intensive Agriculture
Extensive Agriculture
Forestry
Small Holdings
Game Farm/Ranch
Traditional Subsistence Agriculture
Agriculture & Tourism
Road
New Road/Road Widening
Railway
Airport
Mode Transfer Station/ Bus & Taxis Termini
Port/Harbour
Cycle/Pedestrian Way
Utilities & Services
Interim Site Planning Area
Special Site Planning Area
World Heritage Site
Other
Example of rural land use descriptions:
SPYSIS
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SPISYS is the vision of the Department of Rural Development and Land Reform in
partnership with the Free State and Northern Cape Provincial Governments. The
main goal is to enable the vision of the National Department which is to
create Vibrant, Equitable and Sustainable Rural Communities" by assisting with the
real time linking of Provincial Sector Departments to enable good governance
through making decisions based on live data.
SPISYS is a GIS (Geographical Information System) and provides users with up-todate data in an interactive environment. It is accessible anywhere in the world via
the Internet.
SPISYS idea came about due to a lack of access to certain sets.
SPISYS does not look at land uses but rather data sets.
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23 Main classes (service types)
Approximately 170 secondary classes (Source groups)
Approximately 720 detail “sources”
Service Type
Agriculture
Source Group
Agri industry
Source
Abattoirs
Co-operatives
Equipment manufacturing
Food processing
Fresh produce markets
Grain mills
Grain storage
Sugar mills
Wine cellars
Agri institutions
Agricultural college
Food Producer Associations
Agri services
Agri climate stations
Agri extension offices
Agri forestry stations
Agri research stations
Crop production areas Fruit production areas
Herbs &spice production areas
Maize production areas
Tobacco production areas
Vegetable production areas
Wheat production areas
Wine production areas
Farm buildings
Farm equipment store
Farm house
Farm store
Greenhouse
Labour house
Silo
Farm dams
Farm damwall
Rainwater tank
Stockwater dam
Communication and
Cellular
Cell Towers
Cellular Coverage Areas
Communication
institutions
Fibre Optic Lines
Fixed Lines
Demography
WiFi Services
Communities
Dwellings
Migration
Postal code zones
Telkom districts
Optical Exchange
Optical Lines
Fixed-line Exchange
Fixed-line network
Wi Fi Coverage areas
DHS Informal settlements
DWA GeoDB communities
DWA NIS communities
StatsSAenumeratorareas2001
StatsSAenumeratorareas2006
StatsSA place names 2001
StatsSA place names 2006
StatsSA population estimates
StatsSA sub-place names
Eskom residential supply points
StatsSA dwellings
Migration 1996-2001
Focus on
data sources
– not land
uses
Other legislation
Legislation
Black Communities Development Act, No 4 of 1984
DFA
DFA Regulations
Division of land ordinance 20 of 1986
Division of land ordinance 20 of 1986, Regulations
Environmental regulations for workplaces, 1989
Gauteng Planning and Development Act, 2010, Draft 5.4
Gauteng Planning and Development Regulations, 2010
Housing White Paper
Kwazulu-Natal Planning and Development Act, 2008 (with proposed changes Oct
2011)
KZN Planning and Development Act 6 of 2008
KZN Rationalisation of planning and development laws bill, 2007
Mining and Petroleum Resources Development Act 28 of 2002
Mining and Petroleum Resources Development Act 28 of 2002 Regulations
National Heritage Resources Act 25 of 1999
National Water Act 36 of 1998
Subdivision of Agricultural Land Act, 1970
Townships Ordinance, 1969 (Ordinance 9 of 1969) - Regulations
Land uses
discussed (with
or without
definitions)
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Other legislation
• The only planning legislation (proposed) that included a formal land use
classification is the Northern Cape Draft Regulations for SPLUMB.
• Most planning legislation include the following:
• Land use definitions
• Zoning Tables / Development Control Tables similar to what can be
seen in Land Use Schemes
• Non planning related legislations (excluding NEMPA) also include land use
definitions e.g.
• Municipal Property Rates Act 6 of 2006
• Occupational Health and Safety Amendment Act, No. 181 Of 1993 Eenvironmental regulations for workplaces
Municipal Property Rates Act 6 of 2006
MPRA lists 17 major land uses to be included in municipal valuation roll
(a) residential properties;
(b) industrial properties;
(c) business and commercial properties;
(d) farm properties used for(i) agricultural purposes;
(ii) other business and commercial purposes
(iii) Residential purposes; or
(iv) purposes other than those specified in subparagraphs (i) to
(iii);
(e) farm properties not used for any purpose;
(f) smallholdings used for(i) agricultural purposes; purposes;
(ii) residential purposes;
(iii) industrial purposes;
(iv) business and commercial purposes; or
(v) purposes other than those specified in subparagraphs (i) to
(iv);
Municipal Property Rates Act 6 of 2006
(g) state-owned properties;
(h) municipal properties;
(i) public service infrastructure;
(j) privately owned towns serviced by the owner;
(k) formal and informal settlements;
(I) communal land as defined in section 1 of the Communal Land
Rights Act,
(m) state trust land;
(n) properties(i) acquired through the Provision of Land and Assistance Act,
1993 (Act No. 126 of 1993), or the Restitution of Land Rights Act,
1994 (Act No. or 1994); 22 of 25
(ii) which is subject to the Communal Property Associations Act,
1996 (Act No. 28 of 1996);
(0) protected areas;
(p) properties on which national monuments are proclaimed;
(q) properties owned by public benefit organisations and used for any
specific 30 public benefit activities listed in Part 1 of the Ninth
Schedule to the Income Tax Act; or (r) properties used for multiple
purposes, subject to section 9.
Occupational Health and Safety Amendment Act, No. 181
of 1993 - Environmental regulations for workplaces
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Abattoirs
Ablutions
Abrasive Blasting
Aircraft Manufacture
Assembly Plants
Bakeries
Banks
Blacksmith
Boiler Houses
Bookbinding
Boot and Shoe
Box, Carton and Paper-Bag Making
Brewing, Distilling and soft drinks
Building and construction
Canning and preserving
Carpet Making
Cement, Asbestos, Gypsum, Talc, Etc.,
Products and Moulded Goods
Cement Manufacture
Ceramics
Chemical works
Clothing
Cold Stores
Confectionery, chocolates, sweets etc.
Court Rooms
Dairies
Die-sinking and engraving
Dry Cleaning
Dye Works
Electrical Goods manufacture
Electricity Generating Stations
Fire Stations
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Forging
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Foundries
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Furniture Factories
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Garages
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Gasworks
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Gauge and Tool Rooms
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General Factory Areas
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Glass processing
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Glove Making
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Hat Making
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Hosiery and Knitwear
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Hostels and Restaurants
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Inspection Area
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Iron and Steel
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Jewellery and watchmaking
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Laboratories and Test Rooms
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Laundering and Dry Cleaning
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Leather and Tanning
Libraries, Museums and Art Galleries •
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Lifts
Machine, Shops and Fitters’ Benches •
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Materials Handling
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Milling (Flour)
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Motor Vehicle Manufacture
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Offices
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Outdoor Areas
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Paint Manufacture
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Paint Shops and Spraying Booths
Paper and Paper Board Manufacture
Passages and Lobbies
Pharmaceutical and Fine Chemical
Photographic
Plastics
Plating
Post Offices
Pottery and Clay Products
Printing
Refrigeration
Rubber Processing
Schools and Educational Institutions
Sheet Metal
Shops, Store Rooms and Warehouses
Soap Manufacture
Stairs, Escalators and Ramps
Storage Battery Manufacture
Structural Steel Fabrication
Sugar manufacturing
Surgeries, Hospitals and Clinics
Tailoring
Telephone Exchanges
Textile (Cotton or Linen)
Textile (Jute)
Textile (Silk or Synthetic)
Textile (Woollen)
Theatres, Cinemas and Halls
Tobacco
Upholstering
Warehouses and Bulk Storing
Welding and Soldering
Woodworking and Sawmilling
National Heritage Resources Act 25 of
1999
• Heritage areas
• Burial grounds and graves
• Public monuments and memorials
National Water Act 36 of 1998
• Watercourse
• Waterwork
• Wetland
Mining and Petroleum Resources
Development Act 28 of 2002
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Reduction works
Beneficiation plants
Coal preparation plants
Screening and washing installations
Generating stations
Sand dump
Slimes dam
Mining operations
Mining residue stockpiles
Mining residue deposits
Residential areas
Public Road
Railway purposes
Cemetery
Farming
Petroleum reservoir
Prospecting area
Retention area
Land Use Management Schemes
Use Zone
Residential 1
Primary Land Use Rights
Dwelling House
Secondary Land Use Rights
Religious purposes, place of instruction, child care
centre, social halls, institutions, residential
buildings (excluding hotels), special buildings, sport
and recreation clubs, public or private parking areas,
medical consulting rooms, tavern/shebeen,
house/spaza shop, guesthouse.
Dwelling House
Means a detached self-contained inter-leading suite of rooms containing a kitchen with or
without an ancillary scullery and the appropriate ablutions, used for the living
accommodation and housing
of one family, together with such outbuildings and subsidiary dwelling unit as is ordinarily
permitted therewith, as long as the subsidiary dwelling unit comply with the process
stipulated in the Town Planning Scheme in Use Zone “Residential 1”; provided that a
second kitchen, which is to be used for religious purposes and which is physically
connected with the first kitchen, may be provided to the satisfaction of the Council. An
entertainment, reception and/or living area within a dwelling house or part of a reasonably
required and ancillary outbuilding (See “outbuilding” definition), may include a wash-up area
used exclusively for that purpose.
Residential Building
Means a building on an erf or site, excluding a dwelling house and/or dwelling unit, that
contains habitable rooms, with or without common ablution-, kitchen-, dining- and/or lounge
facilities. Such definition includes but is not restricted to hostels, hotels, dormitories,
communes, boarding houses, guest houses (excluding converted dwelling houses
and/or dwelling units), bed and breakfast and old age homes that may or may not include
ancillary frail care facilities.
Residential purposes
Dwelling house
Hostel
Hotels
Dormitory
Commune
Boarding houses
Guest Houses
Bed and Breakfast
Old Age Homes
What's in a definition?
Definition of a Dwelling
House: KZN Ethekwini Outer
West Town Planning Scheme
(amended May 2004)
Means
a
freestanding
dwelling unit used as a
dwelling for a single family,
together
with
such
outbuildings as are ordinarily
used therewith.
Definition of a Dwelling House: Consolidated
Johannesburg Town Planning Scheme 2011
Means a detached self-contained inter-leading
suite of rooms containing a kitchen with or
without an ancillary scullery and the appropriate
ablutions, used for the living accommodation
and housing of one family, together with such
outbuildings and subsidiary dwelling unit as is
ordinarily permitted therewith, as long as the
subsidiary dwelling unit comply with the process
stipulated in the Town Planning Scheme in Use
Zone “Residential 1”; provided that a second
kitchen, which is to be used for religious
purposes and which is physically connected with
the first kitchen, may be provided to the
satisfaction of the Council. An entertainment,
reception and/or living area within a dwelling
house or part of a reasonably required and
ancillary
outbuilding
(See
“outbuilding”
definition), may include a wash-up area used
exclusively for that purpose.
NGI Classification
• RDLR: CD-NGI mandated to do land cover and
land use mapping on a national scale.
• Designed a land use classification system in 2009.
• 14 Main classes
• 61 Secondary classes
• 464 tertiary land uses
• Emphasis was to align main and secondary
classes to available datasets that can be used for
mapping purposes.
#
1
Main Use
Agriculture & Fisheries
2
Forestry
3
Conservation
4
5
Mining
Transport
6
Utilities & Infrastructure
7
Residential
Sec Use # Secondary Use
1.1 Commercial Agriculture
1.2 Subsistence Agriculture
1.3 Small Scale Agriculture
1.4 Grazing
1.5 Fisheries
2.1 Managed Forest Plantation
2.2 Managed Natural (Indigenous) Forest
2.3 Unmanaged Forest Plantation
2.4 Unmanaged Natural (Indigenous) Forest
3.1 National Parks
3.2 Nature Reserves
3.3 Conservation Areas
4.1 Mineral Workings & Quarries
5.1 Transport Tracks & Ways
5.2 Transport Terminals and Interchanges
5.3 Car Parks
5.4 Other Vehicle Storage
5.5 Goods & Freight Handling
5.7 Waterways
6.1 Energy Production & Distribution
6.2 Water Storage & Treatment
6.3 Sewerage Treatment Plants
6.4 Refuse Disposal
6.5 Cemeteries & Crematoria
6.6 Post & Telecommunications
6.7 Bulk Pipeline Networks
7.1 Formal Single Residential
7.2 Formal Multiple Residential
7.7 Residential in Rural Village
7.3 Informal Residential
7.4 Hotels, Boarding & Guest Houses
7.5 Residential Institutions (hostels etc,)
7.6 Dispersed Residential
8
Community Services
9
Commercial
10
Industrial & Storage
11
Recreation & Leisure
12
Protection Services
13
14
Undeveloped Land
Water
8.1
8.2
8.3
8.4
8.5
9.1
9.2
9.3
9.4
9.5
9.6
10.1
10.2
10.3
10.4
11.1
11.2
11.3
11.4
11.5
12.1
12.2
12.3
12.4
13.1
14.1
14.2
14.3
Health Care Facilities
Places of Worship
Education
Community Facilities
Administrative Facilities
Retail
Financial Institutions
Restaurants & Cafes
Bars, Taverns & Night Clubs
Offices
Informal Trading
Light Industries
Heavy Industries
Storage
Wholesale Distribution
Open Spaces
Amusement & Show Places
Libraries, Museums, Art Galleries
Sports Facilities
Resorts
Defence
Police
Emergency Services
Correctional Services
Undeveloped Land
Surface water used for storage
Surface water used for recreation
Surface water used for irrigation
Alignment Attempt by RDLR-SPI
• Accepted the NEMPA/Northern Cape Main
classes.
• Attempted to align the NGI classification, as
well as SPLUMB land use definitions.
• Introduced unique numbering/reference
system
Summary
SECTION 3
Summary
• ‘Land use' is a key term in the language of town and
regional planning.
• Land use is also used outside of planning circles
• No single recognised NATIONAL classification exist in South
Africa
– NEMPA
– RDLR:NGI
• Various recent provincial initiatives
– KZN
– Northern Cape
– SpiSys in Free State
• Little integration
Key Questions
• What methodology should be used when designing a
classification system?
– Land uses / Spatial planning categories / Datasets /
Definitions
– Who is responsible for classifying land uses? Lawyers /
Provincial Departments /Municipalities / Open Source
Approach?
• How detailed should such a classification system be?
• Who “owns” the classification?
• Will those institutions “tasked” with managing land
uses (municipalities) be able to use the classification?
Thank You
[email protected]
0836399259