STANDARD OPERATING PROCEDURES PROVINCIAL LAND DEVELOPMENT ... · PDF fileSTANDARD OPERATING...

STANDARD OPERATING PROCEDURES

PROVINCIAL LAND DEVELOPMENT APPLICATION

R Fourie

June 2015

A presentation to illustrate the flow of the application process and the possible

linkages with a standard Municipal Land Use Application

© Western Cape Government 2012 | © Western Cape Government 2012 | 2

CONTENT

List of Standard Operating Procedures

Pre-application consultation

Land development application

Appeal to Minister

Extension of validity

Opportunities for coordination

© Western Cape Government 2012 | © Western Cape Government 2012 | 3

List of Standard Operating Procedures 1

SOPs IDENTIFIED FOR DEVELOPMENT BY PROVINCIAL TASK TEAM

SOPs in terms of LUPA (Act 3 of 2014)

Provincial comment on land use applications in terms of section 45(1) of LUPA.

Coordinated Provincial comments on land use applications in terms of section 45(6) of LUPA.

Provincial exemption and authorisations in terms of section 60(1) of LUPA.

Provincial exemption and authorisations in an emergency situation in terms of section 60(2) of LUPA.

Provincial Minister to monitor compliance with the principles referred to in Chapter VI in terms of section 3(4) of LUPA.

Provincial Minister to monitor Provincial Land Use Planning and the impact of matters on

Provincial Land Use Planning in terms of section 3(5) of LUPA.

Procedures for the Provincial Minister to support municipalities to perform their land use planning functions in terms of section 3(7) of LUPA.

© Western Cape Government 2012 | © Western Cape Government 2012 |

SOPs IDENTIFIED FOR DEVELOPMENT BY PROVINCIAL TASK TEAM

SOPs for Regulations made in terms of section 76 of LUPA and as prescribed in terms of section 54(2) of LUPA (Act 3 of 2014)

REGULATIONS 12, 23 & 28

Procedures for payment of application fees

REGULATION 11

Procedures for a Pre-application consultation

REGULATIONS 12-22 & 33

Application for land development

REGULATIONS 23-27

Appeal against decision on land development application

REGULATIONS 28 – 32

Application for extension of validity period

4

List of Standard Operating Procedures 2


Pre-application consultation 1

5

SAME PAGE APPROACH

Identify stakeholders

Introduce to role players

Involve Municipality

Communicate needs

Ask questions

Explain procedure

Bring consistency & certainty

Create trust

Regulation 11 of the Regulations made

in terms of section 76 of LUPA

REGULATED TIMELINE : none

SUGGESTED TIMELINE : meet within 12-

20 days after request for consultation



6

ASPECTS TO CONSIDER / QUESTIONS TO ASK - BEFORE ARRANGING MEETING

Combine the Municipal and Departmental consultations.

Identify stakeholders:

Internal components (planners, environment, coastal, waste).

Applicant & representative / Developer.

Municipality.

Department of Agriculture.

Other Organs of State / Bodies to be consulted.

Venues, date & time.

ASPECTS TO INCLUDE IN AGENDA

Overview of applicable legislation & spatial planning policies.

Complete the list of stakeholders & officials involved.

Information required.

Procedures : Municipal, Provincial, Integrated.

Timelines.

OPPORTUNITY

OPPORTUNITY



7

REQUEST FOR CONSULTATION:

APPLICATION FORM

ADMINISTRATIVE PROCESS:

CREATE & ASSIGN FILE

ACKNOWLEDGE

RECEIPT

ASSESS DOCUMENTATION

LOGISTICAL:

INVITE STAKEHOLDERS

VENUE, DATE & TIME MEETING

MINUTES & ACTION NOTES

Communicate procedures &

Timelines

Agree on information

Identify Spatial Planning

Policies

Identify stakeholders 2 days

1 day

4 days

2 days

5 days

5 days

1 day

Total days: 20


Land Development Application 1

8

Keep to agreements reached in

Pre-Consultation

Check information

Keep to time frames

Keep applicant informed

Maintain trust

Regulations 12 – 22 & 33 of the Regulations

made in terms of section 76 of LUPA. TOTAL REGULATED TIMELINE : 7 months



9

APPLICATION FORM

PAY FEE: R5000

PROVIDE REQUIRED INFORMATION

ADMINISTRATIVE PROCESS:

CREATE & ASSIGN FILE

VERIFY

4 days

3 day

4 days

7 days

7 days

Acknowledgement &

Acceptance:

Total days: 21

1. Info in Regulation 12

2. Agreements of pre-app

consultation

COMPLETE INCOMPLETE ACCEPT

APPLICATION

+

NOTICE

REQUIREMENTS

R14(3) & R16

+

REFER TO DEPT

AGRICULTURE

REJECTION OF

APPLICATION

+

REASONS

START

ACCEPT

APPLICATION

+

ADDITIONAL INFO

REQUIRED IN 21

DAYS STOP

OR

(21 days)

(7 days)

…not counting 7 months period yet...



10

Receiving additional

information :

Regulation 13

DEPT AGRICULTURE (21 DAYS)

APPLICANT 21 DAYS

RECEIVE ADDITIONAL INFO:

VERIFY

COMPLETE

21 days

INCOMPLETE

NOTIFY HOD WILL

CONSIDER

WITHOUT

ADDITIONAL INFO

+

NOTIFICATION

REQUIREMENTS:

Reg 14 & 16

ACKNOWLEDGE

RECEIPT

+

NOTIFY OF NOTICE

REQUIREMENTS:

Reg 14 & 16

DRAFT NOTICE

COORDINATE WITH

MUNICIPALITY

…50 days and counting...



11

Notice procedures

Regulations 14, 16 & 17

PUBLIC NOTICES:

PROV GAZETTE

MEDIA & OTHER

(APPLICANT TO PROVIDE PROOF)

ORGANS OF STATE

COMMENTS

APPLICANT

COLLATE

COMMENTS &

RESPOND

30 days

30 (60) days

21 days


COPIES OF COMMENTS &

RESPONSES TO DEPT AGR

VERIFY REQUIREMENTS OF

COMMENTS ITO REG. 20 + 1. Complete application

2. Comment & Responses

3. Additional Information



12

Decision on Land

Development Application

Notice of decision

Regulations 21 & 22

DEPARTMENT

CHIEF TOWN AND REGIONAL

PLANNER ASSESSMENT &

RECOMMENDATION

HEAD OF DEPARTMENT

DECISION

CONVEY DECISION

210 days

21 days


PUBLISH NOTICE IN PROV

GAZETTE

NOTIFY ORGANS OF STATE

NOTIFY INTERESTED &

COMMENTING PARTIES

NOTIFY OF RIGHT OF APPEAL

Consultation

with

Dept

Agriculture

Internal

Departmental

comment

Investigation

Site Visits

STOP


Appeal to Minister 1

13

Who is appealing?

Keep to time frames

Keep appellant & applicant

informed

Keep Municipality informed

Maintain trust

Appeal on a land development

decision in terms of section 56(1) (4) or

(5) of LUPA and Regulations 23 – 27 of

the Regulations made in terms of

sections 76 of LUPA

REGULATED TIMELINE: 130


Appeal to Minister 2

14

RECEIVE APPEAL WITHIN 21 DAYS

OF DECISION TAKEN

APPLICATION FORM

NO APPLICATION FEE

21 days

VERIFY THAT APPEAL

COMPLIES WITH REGULATION

COMPLY NOT COMPLY &

REASONS

APPLICANT

RESPONSE

21 DAYS

+

REFER TO DEPT AGR

ACKNOWLEDGE

RECEIPT &

ACCEPTANCE

NOTIFY ALL

STAKEHOLDERS

WHO COMMENTED

OF APPEAL

COMMENTING

PERIOD

21 DAYS

STOP

21 days

CHIEF TOWN

PLANNER

ASSESSMENT &

RECOMMENDATION

DECISION WITHIN

130 DAYS

NOTIFY

STAKEHOLDERS

WITHIN 14 DAYS


Extension of validity 1

15

R2000 application fee

Commenting by all

stakeholders

Applicant response to

comments

HOD decision

Extend only 10 years & only

ONCE

Notify applicant & endorse all

stakeholders

Reasons for decision

Extension of validity period in terms of

regulations 28 - 32 of the Regulations

made in terms of section 76 of LUPA

REGULATED TIMELINE: NONE

SUGGESTED TIMELINE: 130 DAYS

© Western Cape Government 2012 |

Opportunities for coordination

16

LUPA and Draft LUP Regulations

Pre-application Consultation

Advertising procedures

PP Processes

Organs of State Comments

Planning assessments

Decision making Timelines

MUNICIPAL

APPLICANT

?

PROVINCIAL

Pre-application Consultation

Advertising procedures

PP Processes

Organs of State Comments

Planning assessments

Decision making Timelines

Entering into agreements (S67)

Integrated approvals

Integrated submission, consultation and assessment of multiple applications

Thank you

© Western Cape Government 2012 |

Directors’ Contact Details

18

Comments and/or queries to be submitted to:

Region Director Email Telephone

Region 1:

• City of Cape Town

• West Coast

Zaahir Toefy [email protected]

(021) 483 2700

Region 2: • Cape Winelands

• Overberg

Henri Fortuin [email protected]

(021) 483 5842

Region 3:

• Eden

• Central Karoo

Gavin Benjamin [email protected]

(044) 805 8618

mailto:[email protected]



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