Formulation of a Land Use Policy Framework for North West Province: Transformation of Town Planning Schemes into Land

Use Schemes to support Local Leadership and Decision Making

Authors: Prof. C.B. Schoeman and Dr. E.J. Cilliers Subject Group Urban and Regional Planning North West University (Potchefstroom Campus)

Problem statement

Statutory planning as it is known today in South Africa originated from practices introduced in 1909 in Britain (refer to Keeble, L: 1969:106; Ashworth, 1972:167 and Floyd, 1960:51-92). This function is at present (sixteen years since democratisation in 1994) still being governed in some provinces by outdated Town Planning and Township Ordinances (e.g. Transvaal Ordinance 15 of 1986). This implies that Town Planning Schemes only applies to certain geographical areas of local municipalities within the South African spatial system.

The conclusion can thus justifiably be made that statutory planning forms one of the last outposts in the built environment required to complete the process of social, economic and spatial transformation in context to the constitutional model that was introduced in 1994. This problem is not only facing the North West Province but the lack of pro-active actions by the First Sphere of Government to address the issue resulted in a long and outdrawn action to finalise the Land Use Management Bill (2001 to 2008).

Purpose of the paper

Land Use Management in the North West Province is to a large extent hampered by a complexity of current legislation that causes a lot of confusion within municipalities and also increases the administrative burden of under capacitated municipalities. This makes the land use decision making fragmented and requirements of recent national policies and acts are therefore not properly reflected and articulated in land use decisions.

The purpose of the paper is to discuss the role, function and the context of the formulation of a Land Use Policy Framework (LUPF) (2008) for the North West Province to guide the drafting of the Land Use Management Bill (2008) in order to streamline, consolidate and transform the land use management system in a sustainable way, taking into consideration the unique challenges in the province as well as all relevant legal requirements and best practices.

Points of departure the formulation of the LUPF

The task to draft a LUMB requires that a LUPF be formulated in order to guide the process from a spatial planning and environmental management perspective. The LUPF must guide decision making by officials and transparentise the application of such policy and integrative principles to the public. Development principles and processes of approval are addressed in order to overcome existing duplication and fragmentation in land use and environmental management decision making and authorisation.

The LUPF (NWP, Report 2, 2008:4-5) addresses the following challenges:

3.1

The diversity of land use challenges

Policy related to Tribal Areas and the role of Tribal Authorities in land use management decisions (Customary powers of Traditional Leaders appear to be in conflict with those of municipalities by resisting any dilution their powers with regard to control over land). The role of Community Properties Associations (CPAs) and Trusts, and impact of land reform in land use management. Municipalities consisting mainly of rural villages (informal and semi-formal) Land use management on mining areas (mine lease areas). Environmentally sensitive areas where application and utilisation of existing measures such as Environmental Management Frameworks (EMF) (in terms of National Environmental Management Act 107 of 1998) (NEMA) and Environmental Impact Assessment Regulations (Government Notice No. R. 386 and R. 387), and Bioregional Plans (National Environmental Management Biodiversity Act (Act 10 of 2004) (NEMBA) is deemed necessary. Agricultural land and high potential agricultural land. First, Second and Third World conditions in municipal areas (NWP Report 2, 2008:4-5).

3.2

Approval of land use by different authorities

Most types of land development require permission from different authorities. The two processes that overlap most are the permissions required for rezoning and township establishment in terms of planning legislation and the environmental authorisations required for certain activities identified in the Listing Notices (Government

Notice R386 and R387) of the Environmental Impact Assessment Regulations published under Section 24 of NEMA (1998). This overlap leads to a situation in which an applicant has to apply to two separate authorities for permission to use or develop land. In practice, many of the requirements of the two processes are very similar. This leads to an expensive duplication of effort and lengthy process. As the two decisions are generally not coordinated and taken at the same time, it can result in each authority giving a different decision and the one decision compromising the other or conditions imposed in terms of the one decision conflicts with that of the other decision. This can create institutional conflict and confuse the applicant and public (NWP, Report 2, 2008:4-5).

Figure 1 illustrates the complexity of the relationships as described above.

IDP
EMF SPATIAL PLANNING

Policy and Legislative Framework LUMS

Stakeholder Participation

Strategic Planning Framework Strategic Spatial Assessment Bioregional Plan

NSDP (2006) ASGISA (2006) DFA Chapter 1 (1995) PGDS/PSDF/PLTF

Sustainable Settlement Planning (2008)

Directive principles Status Quo Surveys Policy formulation Desired land use Precinct planning

SEA

ITP/SDF/HSP/ABP

LUS Formulation

LUPF/BEST PRACTICES/LUMB/REGULATIONS
EIA Authorization

Decision making

Land Use Authorization

Implementation

Figure 1 1

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Figure 1: Interface between environmental management, spatial planning and statutory planning Source: Own construction

Policy and legislative framework guiding the content of the LUPF

Table 1 shows a list of the core policies that will impact directly or indirectly on statutory planning and its alignment with environmental management practices in the formulation of the LUPF.

Table 1: Core policies and legislative framework guiding formulation of the LUPF
Core policy framework
Reconstruction and Development Plan (1994) Growth, Economic and Redistribution Strategy (1996) White Paper on South African Land Policy (1997) Urban Development Framework (1997) Rural Development Framework (1997) Green Paper on Development and Planning (1999) White Paper on National Transport Policy (1996) Moving South Africa (1996) White Paper on Local Government (1998) Strategic Environmental Assessment in South Africa (2000) National Integrated Rural Development Strategy (2000) White Paper on Spatial Planning and Land Use Management (2001) National Spatial Development Perspective (2003) Mining Charter (2003) Construction Charter (2005) King Report II on Corporate Governance for South Africa (2002) Convention of Biological Diversity Minimum requirements for the Classification, Handling and Disposal of Hazardous Waste (Second Edition (1998) (DWAF) White Paper on Integrated Pollution and Waste Management for South Africa (2000) White Paper on Water and Sanitation (1997) National Framework for Sustainable Development ASGISA, 2006 National Spatial Development Perspective (2006) Housing Atlas (2006) NWPGDS (2005) NWSDF (2004) and NWSDF (Revision 2007/08) NWSoER (2002) Various SEAs IDP documents for DMs and LMs Source: Own construction

Core legislative framework

Municipal Systems Act 32 of 2000 National Environmental Management Act 107 of 1998 (NEMA) National Environmental Management: Biodiversity Act 10 of 2004 (NEMBA) National Environmental Management: Protected Areas Act 57 of 2003 (NEMPAA) National Heritage Resources Act 25 of 1999 (NHRA) Development Facilitation Act 67 of 1995 (DFA) Physical Planning Act 125 of 1991 Less Formal Township Establishment Act 113 of 1991 (LEFTEA) Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA) Subdivision of Agricultural Land Act 70 of 1970 (SALA) Removal of Restrictions Act 84 of 1967 World Heritage Convention Act 49 of 1999 Community Land Reform Act 28 of 1996 (CLARA) National Land Use Management Bill (Draft 2007) Biodiversity Act 10 of 2004 Local Government: Municipal Integrated Development Planning Regulations, 2001.

The purpose of this LUPF (NWP Report 2, 2008: 5-7) is not to negate the existing policies but to use its basic principles and to apply it to the circumstances prevailing in NWP. The LUPF reflects the options made by the NWP to address the issues to normalise and democratise land use management. It guides the making of administrative decisions by officials and their authorised municipalities thereby giving all stakeholders certainty on how decisions are made and the principles underpinning such decisions. This LUPF thus represents core guiding principles that need to be adapted to local circumstances without compromising the principle as included in the core policy and legislative framework involved.

There is also other legislation that impacts directly and indirectly on spatial and statutory planning that was considered in LUPF formulation. As far as the existing legislation is concerned it requires from decision makers to apply the underlying principles included in the total existing legislative framework in all decision-making. This includes the national environmental management principles as contained in Section 2 of NEMA (1998) and the principles for land development as included in Chapter 1 of the Development Facilitation Act (Act 67 of 1995).

Focus of the LUPF

The LUPF for NWP (NWP, Report 2, 2008:8-9) addresses the uncertainty that currently exist pertaining to land use rights and development based on the following:

The use of land is governed by a variety of statutory land use mechanisms (title deeds, permits, zonings, township conditions, permissions to occupy land rights etc). In many instances a void exists with regard to existing land use rights (for example, no records exist at certain municipalities of current zonings and rights). Due to uncertainties and lack of knowledge, illegal land uses are increasing without being adequately addressed. Local and District Municipalities suffer loss of revenue as illegal land uses are not reflected in their systems while some illegal land uses impacts on the environment negatively. Uniformity is required pertaining to zoning categories, map notations, definitions and application procedures. Due to the diversity in certain municipal areas, provision has to be

made for special circumstances relating to zoning categories and application procedures (especially in rural villages). Lengthy approval times have a very negative effect on development, performance and delivery in general. Proper assignment of planning powers to the relevant MEC and authorised municipalities within the context of the application of the principles of subsidiarity. The following statutes have or must still be repealed: Black Communities Development Act 4 of 1984: R1897, Bophuthatswana Land Control Act 39 of 1979; Transvaal Town Planning and Township Ordinance 15 of 1986 (TPTO); Cape Land Use Planning Ordinance (LUPO) 15 of 1985; Physical Planning Act 88 of 1967, Physical Planning Act, 1991; Removal of Restrictions Act, Act 84 of 1967, Advertising on Roads and Ribbon Development Act (Act 21 of 1940); Transvaal Ordinance on Subdivision of Land (20 of 1986). Transitional measures to manage the conversion on existing statutory processes aligned to environmental authorisation procedures. Synchronisation between the land use planning and EIA applications. Review of existing and implementation of new decision-making procedures. Compliance with monitoring and enforcement practices. Alignment with Heritage Site Management Authorities. Alignment between Spatial Development Frameworks (SDFs), Land Use Schemes (LUS) and Environmental Management Frameworks (EMFs). Promotion of skills transfer and capacity building within municipalities is fundamental. Need for capacity building amongst developers, community and other stakeholders. Land Reform processes (Area Based Planning) (ABP) need to be effectively integrated especially the establishment of rural settlements, inclusion in the IDP and its sectoral plans such as the SDF. It needs to ensure proper linkages with Management Authorities of World Heritage Sites.

Guiding principles and norms collectively form the vision for spatial planning, land use and environmental management and development in the NWP. Such principles and norms refer to points of reference consisting of a coherent set of policy guidelines to direct spatial planning, land use and environmental management and development decision making within all spheres of government in NWP.

The focus and objective of the guiding principles and norms is to inform and direct planning instruments and outcomes of decision making related to all spatial planning, land use and

environmental management and development applications. The LUPF facilitates and align spatial planning, land use and environmental management in support of promoting sustainable and integrated planning and development (refer to NWP, 2008, Report 1, 2 and 3).

Table 2 shows the overarching focus of the NWP LUMB (2008) to promote sustainable planning and development outcomes.

Table 2: Overarching focus of the NWP LUMB (2008)

Overarching focus
Promoting sustainable use of resources in the NWP. Channelling resources to areas of greatest need and development priority. Aligning fiscal, institutional, administrative capacity; needs of communities and the environment. Stimulating economic development within the rural and urban spatial systems of NWP. Supporting equitable land development practices and promotes the wise use of natural resources. Ensuring land use management practices in the NWP contribute to ecologically sustainable development. The promotion of sustainable human settlement planning and development. Source: Own construction form NWP Report 2, 2008:8-9)

Objective
Sustainability Priority Alignment Stimulation Equitable practices Ecology Sustainable settlements

The LUPF and the resulting LUMB guides planning and environmental practitioners, the general public, developers and stakeholders within certain geographical areas and institutional entities. The policy also assists in informing decision making and ensuring transparency and accountability by competent authorities. The general public will also understand the background in terms of which decisions are taken.

At present the lack of a LUPF results in ad hoc decision making and subjective approaches in how such decisions are taken. The LUPF thus supports both leadership and accountable decision making. The general benefits and advantages of the LUPF and LUMB will ensure the outcomes as included in Table 3.

Table 3: Benefit and advantages for LUPF and LUMB

Benefit
Promotion of sustainable management and the use of resources Equal protection and benefits to everyone affected by spatial planning, land use management and land development actions or decisions Ensuring that the desired result of land use is produced with the minimum expenditure of resources. Development planning and land use is combined and coordinated into a more harmonious whole. Ensuring that spatial planning, land use management and land development is democratic, legitimate and participatory. Source: Source: Own construction form NWP Report 2, 2008:9)

Objective
Sustainable management Equality between effected parties Control expenditure of resources Integration of development planning and land use Democratic, legitimate and participatory processes

Abovementioned benefits and advantages are realised through the policies as included in the LUPF that will be implemented through the LUMB and its supporting regulations.

The LUPF and the management of risk

The LUPF and LUMB manage and ensure the reduction of risk by the incorporation, promotion and addressing the elements as included in Table 4.

Table 4: Focuses to manage and reduce risk through the LUPF and LUMB
Risk preventative focus
Accelerating growth and development (ASGISA, 2006) Sharing growth and development (ASGISA, 2006) Ensuring long term sustainability. Integrated terrestrial and aquatic management. Sustainable use of biological resources. Network of conservation areas. Promoting equal and fair access to opportunities and assets. Enhancing competitiveness, profitability and SMME development. Ensuring safe and secure environments through sustainable resource and environmental management. Focusing economic growth in economically sustainable areas. Spending on fixed investment to be focused on localities of economic growth and potential. Efforts to address past and current social inequalities should focus on people not places.

Objective
Accelerating growth Sharing growth Sustainability Resource management Environmental management Conservation management Asset management Economic and growth management Resource and environmental management Development management Priority management Transformation and development management

Source: Source: Source: Own construction form NWP Report 2, 2008:9-10)

Abovementioned can also be regarded as points of departure in order to address past imbalances and to facilitate land use, spatial transformation and promotion of environmental management in NWP. Application of co-operative governance practices in application of the policy and the legislative framework will reduce risk of continuation of outdated discriminatory and unlawful practices.

Formulation of the LUPF

7.1

Guiding principles

The following normative guiding principles apply to all spatial planning, land use management and development in NWP (Table 5) (refer also to the content of Figure 1 and Table 1 above)

Minimum requirements for Spatial Development Frameworks

The LUPF (NWP,2008:15) specifies that the content of Spatial Development Frameworks to consist of a representation in the form of a map or series of maps together with an explanatory report of the desired spatial form of the municipality inclusive of:

An indication of where public and private development and infrastructure investment should take place. An outline of environmentally sensitive areas including, but not limited to, threatened and protected ecosystems, protected areas, conservation areas, heritage areas and biodiversity hotspots. An indication of pollution hot spots where water or air quality has degraded to such an extent that no further development should take place. An indication of desired development and land use patterns for different areas. An indication of where development or particular land-uses should be discouraged or restricted. Broad indication of the areas where priority spending should take place. Provision of guidelines for development and land use decision-making by the municipality.

Table 5: Guiding principles for spatial planning and development included in the LUPF.
Normative planning principles
Principle of sustainability Principle of equality Principle of efficiency Principle of integration Principle of fair and good governance (White Paper on Spatial Planning and Land Use Management, 2001)

Spatial planning principles

Chapter 1 Principles of the DFA, 1995. Local Government: Municipal Integrated Development Planning Regulations, 2001. Rural and urban form. Rural and urban integration. Promotion of sustainable development. Merit of the land development. Promotion of economy of scale in infrastructure and services provision. Promotion of integrated development. Security of tenure. Interest of various sectors (Provincial and Municipal). Market considerations. Spatial Development Framework (SDF) content. Integrated Transport Plan (ITP), accessibility, mobility and movement patterns. Local growth and development strategies. Provincial SDF and transportation plans. Housing Atlas (2006) Sustainable Human Settlement Planning (2008) NSDP (2006) ASGISA principles (2006)

Environmental planning principles

Principles as contained in NEMA (1998) Economic rights and basic needs of people. Framework for environmental management (EMF) Guidelines for environmental management. Needs of people. Sustainability considerations. Factors in sustainable development: biodiversity and ecology. Integration of environmental management. Environmental justice. Access to resources. Life cycle responsibility. Interest, needs and values. Well being and empowerment. Development impacts. Transparency. Intergovernmental coordination. Conflicts and interest. International responsibilities. Public interest. Cost of pollution. Woman and youth. Sensitive ecosystems.

General principles
Administrative justice. Stakeholder participation. Urban and rural quality. Health considerations. Protection of agricultural resources. Protection of natural resources. Life style enhancement. Heritage resource protection. Quality of the built environment.

Source: Own construction from NWP, 2008:10-15.

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Table 6 shows an overview of the minimum requirements for spatial development frameworks as included in the LUPF (NWP, 2008:17-17). The objectives of the North West SDF (2008)

guide decisions relating to the location and nature of physical and spatial development. It indicates the desired development patterns and contribute towards redressing past spatial imbalances in development.
The PSDF shows where development can occur and where it should be discouraged or restricted; and areas requiring intervention or action towards altering historically undesirable land development patterns.

Land Development Policies

The LUPF (NWP, 2008:17) states that the purpose of Land Development Policies (LDPs) is to provide norms and guidelines for the interpretation and implementation of spatial development frameworks (SDFs); to make provision for desired development and the interrelationship of land uses; to guide the process of development; and for the planning and provision of infrastructure and engineering services Land Development Policies also include a comprehensive list of all buildings older than 60 years as indicated in the policy and legislative framework in terms of the National Heritage Resources Act (25 of 1999). This list should contain all categories of buildings as provided for in the National Building Regulations and Building Standards Act (103 0f 1977) and the Land Use Scheme. The list of buildings should be classified in terms of the buildings to be protected in terms of the National Heritage Resources Act (25 of 1999) based on its heritage and architectural value. This enlisting should be included as a section in the Land Use Scheme of a municipality.

Land Development Policies may include the preparation of precinct plans within the area of a SDF of a municipality. The content of such precinct plan will be determined depending of the content and focus of Land Development Policies that support both the SDF and LUS for an area.

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Policies for Sustainable Development

The purpose of the formulation of policies is to ensure that administrative practice and law in NWP adhere to the principles as contained in the National Environmental Management Act, 1998 (Act 107 of 1998), National Environmental Management: Biodiversity Act (2004), World Heritage Convention Act (1999), National Environmental Management: Protected Areas Act (2003) and any other environmental legislation as to promote sustainable development (NWP, 2008;17-

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18).The LUPF (NWP, 2008:17-18) states the following focus should apply in formulating policies for sustainable development:

Table 6: Overview of minimum requirements for preparation of SDFs

Provincial Spatial Development Framework (PSDF)
Accelerating growth and development. Sharing growth and development. Ensuring long term sustainability. Integrated terrestrial and aquatic management. Sustainable use of biological resources. Network of conservation areas. Promoting equal and fair access to opportunities and assets. Enhancing competitiveness, profitability and SMME development. Ensuring safe and secure environments through sustainable resource and environmental management. Focusing economic growth in economically sustainable areas. Spending on fixed investment to be focused on localities of economic growth and potential. Efforts to address past and current social inequalities should focus on people not places.

District and Local Municipal Spatial Development Frameworks (DSDF and LSDF)
A policy for the overall spatial distribution of development A framework for detailed land use planning and management An overview of current realities, spatial plans, future development determinants as well as a spatial development policy that could be used for the prioritisation of future projects and development Consideration of the impact of provincial, district and neighbouring municipal policies, growth strategies and spatial development plans and frameworks Consultation and participation of all roleplayers (government structures, private sector and civil society) Development of an annual review and updating process Training and capacity building programme Spatial Development Frameworks (SDFs) must in addition: Environmental Management Frameworks (EMFs) to be prepared for the geographical area of the SDF (Part 1 of Chapter 8 the NEMA EIA Regulations) (Figure 1) Bioregional Plan: To be prepared in accordance with the procedures stipulated in the National Environmental Management: Biodiversity Act (NEMBA) A spatial development framework for a municipality (DSDF and LSDF) forms part of the Integrated Development Plan (IDP) prepared by a municipality in terms of Section 32 of the Local Government: Municipal Systems Act, 2000. Formulation of precinct plans. Local Government: Municipal Integrated Development Planning Regulations, 2001 (Section 4).

Source: Own construction from NWP, 2008:15-17.

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 All development to be within the fiscal, institutional and administrative means of NWP and it should meet the basic needs of all citizens in an affordable, viable and sustainable fashion. Promotion of the establishment of viable and sustainable communities with affordable access to economic opportunities, infrastructure and social services. Optimization of the balanced use of existing resources, including resources relating to agriculture, land, water, minerals, services infrastructure, transportation and social facilities. The promotion of green technology or alternative technologies in development should be promoted where sustainable. Balancing environmental considerations of preserving natural resources for future generations with economic development practices and processes. Promoting responsible utilization of land by taking into consideration biophysical factors such as geology, vegetation, wetlands, mining and protected areas.

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Policies related to land use management

Table 7 includes the guiding principles for land use management as contained in the LUPF (NWP, 2008:19-19).

Table 7: Guiding principles for land use management

General guidelines
Policy formulation, administrative practice and law in NWP to provide systems to manage the use and development of land to give effect to spatial development policies and normative planning principles. Provision for legal protection of land use and development rights. Promotion of equal opportunities to all persons to actively participate, object or make representations and appeal in land use planning, development and zoning matters. Promotion of decision making in public interest and general welfare with regard to the reasonable rights of communities, land owners and other stakeholders.

Purpose of LUS
The purpose of a Land Use Scheme is to determine the authorized development and use of land and the development and use of land which is not allowed or which is permitted only in particular circumstances with the prior consent or approval of the municipality or of a planning body.

Focus of LUS
Implement the objectives of any land development policy of the municipality. Provide the means to facilitate desired land development and land use including the protection of identified natural features and conservation of heritage sites or areas of public value. Provide for development and land use which is in the general public interest and welfare both economically and socially. Protect the rights of individuals and communities subject to the general public interest and welfare. Protect and provide for harmonious development and land use by minimizing nuisance and noxious conditions. Ensure the reasonably adequate

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provision of engineering services and social facilities. Create an optimum level of amenity in the use and development of land with due regard to municipal land development policy, the needs of and for urban development and the economic use of land.

Source: Own construction from NWP, 2008:18-19.

The LUPF (NWP, 2008:19) states that a record of all authorized development should form part of the land use management system or Land Use Scheme (LUS). It should also contains a record of decisions of the competent body which effect an amendment of the LUS or grant a consent or relaxation as provided for in terms of the LUMB.

The LUPF (NWP, 2008:19) also prescribes the content of LUS. The following applies:

Every municipality must have a LUS which provides the means by which the municipality regulates the development and controls the use of land in its municipal area. The LUS to include conditions, obligations, rights and procedures in terms of which a land owner or occupier may develop and has the right to use land. The format of the LUS to include but not be limited to, the content as may be prescribed in the regulations to the LUMB and no scheme shall contain any provision in conflict with the provisions of the LUPF and LUMB The LUS to apply to the entire municipal area provided that the provisions of the scheme may differ from one part of the municipal area to another or in respect of different categories of development or land uses.

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Procedures for Land Use Scheme (LUS) management

The LUPF (MWP, 2008:19-22) proposes a revised procedure to transform statutory planning into Land Use Management Systems inclusive of environmental management and LUS as pivotal points. Figure 2 shows the process flow chart for statutory planning applications based on the content of the LUPF. The procedure to be followed will be based on the LUMB and its

Regulations. All other procedures as contained in NEMA (1998) will apply to the statutory environmental applications (EIAs) as applicable.

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Land use application (LUA) submitted to Local Municipality

Screening of LUA (Legally and Administratively)

Township Establishment Rezonings Subdivision of erven/land Removal of restrictions Private and Public Resorts Country Estates

Submission of LAU to National and Provincial Departments

LUMB and Regulations

Planning Report prepared by Municipal Town and Regional Planner or Service Provider

LUPF
PGDS PSDF DMSDF LMSDF Land Development Policies Precinct Plans Need and desirability Traffic Impact

Assessment of LUA by the Land Use Committee of the Local Municipality (delegation of powers)

Approval/ ratification of LUA by Local Municipal Council

EMF
EIA process as applicable in terms of the NEMA Regulations

Appeal to DDP,LG&H

Final Decision

Figure 2: Typical procedure for land use applications (LUA) based on the content of the LUPF as discussed above.
Source: NWP, Report 2, 2008.

Whilst Figure 2 shows the general interface between environmental management and statutory planning from a procedural point of view, Figure 3 illustrates the flow diagram for land use rights applications. Figure 4, in line with the previous figures, shows the procedures to be followed in the case of township establishment.

Figure 3: Land use rights application based on the LUPF

Source: NWP, Report 2, 2008.

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Figure 4: Township Establishment based on the LUPF

Source: NWP, Report 2, 2008.

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Conclusions

From the LUPF (NWP, Report 2, 2008) the following core elements serves as focus for a transformation process to align statutory planning to the democratic policy and legislative framework applicable to the South African within provincial and local spatial systems:

A LUPF is required in order to guide the process that will culminate in the formulation of new land use management legislation and regulations. In the process the elements of diversity of land use challenges; approval of land use applications by different authorities; core policies and legislative framework; management of risk; formulation of an applicable context of a LUPF; formulation of land development policies; sustainable development approaches; land use management principles; best practices and revised land use application procedures need to be addressed in the drafting process. The focus of a LUPF remains the integration of environmental management, spatial planning, and statutory planning processes for the total geographical area of all local municipalities.

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ASHWORTH, W. 1972. The Genesis of Modern British Town Planning: A Study in Economic and Social History of the Nineteenth and Twentieth Centuries. London: Routledge&Kegan Paul LTD. FLOYD, T.B. 1960: Town Planning in South Africa. Shuter and Shooter: Pietermaritzburg. GOVERNMENT, 1995: Development Facilitation Act (Act 67 of 1995). Pretoria: Government Printer. GOVERNMENT, 1998: National Environmental Management Act (107 of 1998). Pretoria: Government Printer. GOVERNMENT, 1999: National Heritage Resources Act (Act 27 of 1999). Pretoria: Government Printer. GOVERNMENT, 2001: White Paper on Spatial Planning and Land Use Management. Pretoria: Government Printer. (Refer also the Drafts for 2003, 2006 and 2007). GOVERNMENT, 2001: Local Government: Municipal Integrated Development Planning Regulations, 2001. Pretoria: Government Printer. GOVERNMENT, 2004: National Environmental Management: Biodiversity Act (Act 10 of 2004 (NEMBA). Pretoria: Government Printer. GOVERNMENT, 2006: Background document: A Catalyst for Accelerated and Shared Growth in South Africa (ASGISA). Media briefing by the Deputy President Phumzile Mlambo-Ngcuka, 6 February, 2006. Pretoria. GOVERNMENT, DEAT (2006) Environmental Impact Assessment Regulations in terms of the National Environmental Management Act (Act No. 107 of 1998). (Government Notice No. R. 385, R. 386, and R. 387 in the Government Gazette of 21 April 2006 refer). Pretoria: Government Printer. KEEBLE, L. 1969. Principles and Practice of Town and Country Planning. London: The Estates Gazette Limited. NORTH WEST LAND USE MANAGEMENT BILL. 2008. Evaluation of Existing and Proposed Legislation Relating to Land Use Management. Report 1. Mafikeng: North West Province. Department of Developmental Local Government and Housing NORTH WEST PROVINCIAL SPATIAL DEVELOPMENT FRAMEWORK, 2008: NORTH WEST LAND USE MANAGEMENT BILL. 2008. Land Use Policy Framework. Report 2 (Author C.B. Schoeman). Mafikeng: North West Province. Department of Developmental Local Government and Housing NORTH WEST LAND USE MANAGEMENT BILL. 2008. Guidelines for Land Use Management Schemes. Report 3. Mafikeng: North West Province. Department of Developmental Local Government and Housing TRANSVAAL TOWN PLANNING AND TOWNSHIPS ORDINANCE AND REGULATIONS. 1986. Ordinance 15 of 1986. Pretoria: Lex Patria.

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