Planning and Land Use Management By-law Unpacked

The eThekwini Municipality published a handy guide to municipal by-laws, effectively simplifying these for easy understanding.

One of the by-laws that developers and contractors undertaking work in the municipality need to be cognisant of is the Planning and Land Use Management by-law. This by-law regulates spatial and land use planning within the Municipality, establishing a framework for policies, principles, standards and decision-making procedures. It is important to note that it applies to all land which falls under the authority of the Municipality and applies to everyone.

The Municipality is mandated to develop a Spatial Development Framework, outlining its spatial vision and guiding development decisions. As per Chapter 7 of the by-law, all land development applications must be submitted to the Municipality as it is the initial authority.

Land development without the Municipality's written consent is prohibited. Section 23 of the by-law details the application process, requiring proof of ownership or certified power of attorney. Approval may be conditional and will expire if conditions are not met within a specified time or an authorised extension period.

Chapter 13 of the by-law allows an Enforcement Officer to enter land without prior notice to conduct compliance checks. The Municipality can swiftly act against imminent or irreversible threats to the environment, public health, safety and societal well-being.

An individual commits an offence if they violate or fail to adhere to any provision of this by-law, disregards a condition specified in a decision notice or do not comply with any order or notice lawfully issued. Anyone found guilty of violating this by-law may face a fine or imprisonment for up to 20 years, or both.

Click here to access the notice.

Ernest Roper

Membership Manager

Reference

www.durban.gov.za