View presentation - South African Cities Network
Transcription
View presentation - South African Cities Network
Provincial land use management legislative processes: Reflections from the KZN PDA Presentation at DRDLR Workshop 03 May 2013 SACN engagement with legal process – Understand practice: Examine SACN and econ hubs in 9 provinces • 9 provincial reports: One cross cutting publication – Identify important legal issues for provincial laws • One publication important legal issues provincial laws – Respond to the SPLUMB • Reponses to the SPLUMB from SACN and some cities Provincial legislation: why this work? • Lens to examine implications and lessons from PDAs – Learnt from its enactment and implementation – Small comparison with other provincial processes – How can we if at all deal with burning question of spatial transformation? Overview • KZN tackled the legislative issues fairly early – KwaZulu-Natal Rationalisation of Planning and Development Laws Act, 2008 (Act No. 2 of 2008) – Town Planning Ordinance Amendment Act with the “Rationalisation” Act, to “simplify and update existing provincial planning and development laws until the PDA 2008 – Importantly, phasing towards a PDA How they went on about it… • Some notable provisions – Wall to wall schemes – outlining of criteria for all decisions – time frames for all steps – compulsory disclosure of certain documents or facts – compulsory professional evaluation of applications and accountability – blanket removal of certain out-dated conditions of title by law How they went on about it… • Capacity: – initiatives included drafting a manual, leaflets and process wall charts. – extensive training programmes were rolled out for councillors and municipal officials • Forums of learning and support – PDA Forum running for three years • Stretched and phased over years • Inclusive legislative process Lessons • Merit for phased methods where: – Capacity – Little consensus • Pragmatism, adaptation, – “It is important to keep momentum. It is very easy to lose a year in an effort to please everyone. We often had to cut our losses along the way, like reducing the scope of the Act in order to make progress. Lessons • Even with longer time for shift in powers and functions, still problems at LG • Constitutional imperative planning and LG – Municipalities have been given powers that they often are not able to manage – We have fallen victim to our own ambitions not taking into existing capacity (Adv Budlender) • Many KZN PDA provisions ambitious Lessons • The planning status quo, in many ways is comforting, non-threatening, – “It was much easier to get consensus on extending existing legislation than to get consensus on new legislation.” • Necessity of extensive inclusivity • Like many process some room for amendments – Notice to people within 100m Lessons • Reliance on other processes for laws successes – Create processes for sectoral land development issues eg agricultural land, environmental etc • Potential dangers of over-legislation… – set realisable goals • Postscript: numerous changes (2009) and revised bill 2012 and talk of new law Inter-provincial comparisons • KZN PDA each lum process different chapter other provinces managed as single chapter • WC focus on IG arrangements, allocation of powers and functions • Gauteng and WC great emphasis on SDF preparation – Greater support to guide spatial transformation – SDF avenue for national and provincial interests • Registered planners (KZN and WC) Inter-provincial comparisons • KZN and WC municipality makes decision, provincial tribunal appeals – KZN appeal tribunal solely provincial entity – Gauteng Bill municipal tribunals and single appeal tribunal, MEC appointed with LG reps • Schemes: single (WC and Gauteng) multiple (KZN) • Enforcement: KZN extensive and onerous WC and Gauteng allow for by laws SACN and land Understanding urban land Housing and human settlements; transport Tools to manage land Transform Tools and levers to for urban land management Interaction: built environment Who, where, what for, how much A transformative agenda through the law? • Law reform intended to: • Powers and functions clarification • Replacing fragmented and racially based laws • There is a transformative agenda • Reason why LG has certain developmental functions • KZN law: Intent “redresses the historic injustices perpetuated by the old order fragmented planning and development system” • Legislation is a means to an end There is a larger agenda • National Development Plan (NDP) – strong and efficient spatial planning system, well integrated across the spheres of government – informal settlements located on suitable, welllocated land – more people living closer to their places of work, more jobs in or close to dense, urban townships and better public transport Some legislative possibilities • Critical role SDF in driving this agenda – Provisions strengthening these • Giving planning authorities power to override “NIMBYsm eg N Cape; SPLUM • Principles decision making: Gauteng, WC – How effective given DFA experiences? • Free State incremental upgrading of informal settlements in Bill But we should be careful • Unintended consequences – KZN PDA wall to wall schemes call for regulations to allow more leeway in the former disadvantaged areas – Applicability in rural areas – Scaling of fees – Urban edges and the cost of land THANK YOU Michael Kihato South African Cities Network [email protected]