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PORTFOLIO COMMITTEE WORKSHOP

Urban Sprawl & Human Settlement Delivery

April 22, 2023

Structure of PresentationStructure of Presentation

1. Planning Law & the Human Settlements Programme

a) Natl – Local Legislationb) Planning Frameworks

2. Settlement Sprawl: What’s the Problem & Who’s responsible?

a) One Competence – Many Homes!!b) BNG: Enhanced role for Local Govtc) Plethora of “conditional” Human

Settlement Grants

3. Current Conjuncture

Planning Law & H/Settlement Delivery (1)

• National Planning Law & Frameworks

Presidency 1. NSDP

2. Green Paper: Natl Strategic Plng

DRDLR

[DLA]

1. Development Facilitation Act

2. Less Formal Township Establishment Act

COGTA

[DPLG]

1. Municipal Systems Act

2. Land Use Management Bill

3. PGDS & IDP

4. [Draft] Urban Strategy

Dept of Human Settlements ? ? ? ? ?

Planning Law & H/Settlement Delivery (2)

• Provincial Planning Ordinances– specific conditions and provisions concerning

the creation, amendment and updating of town planning schemes.

– potential conflicts national pieces of legislation

• Municipal By-laws – Municipalities req’d to be developmental, to

structure and manage their planning processes to give priority to basic needs.

– Unlike Provincial Ordinances, municipal by-laws that conflict with national or provincial legislation would be considered invalid.

Who is responsible for Managing Sprawl?

3 Aspects considered:1. Disjuncture in Planning Legislation.

2. Concurrent Planning & Housing functions across 3 spheres of government.

3. Targeted funding for human settlements: How ‘conditional’ are the How ‘conditional’ are the conditional Human Settlement Grants?conditional Human Settlement Grants?

Why we need new legislation Land Use Management

Legislation

• Constitutional legislative competences are not clear –recent CoJ/Gauteng litigation

• Inappropriateness of current system– SA city of 2009 is very different from SA city of

1986

• Inefficiency of current system– Apartheid duplication– Wide provincial differences– DFA/Ordinance overlaps– Planning/environmental overlaps

Concurrent Plng & Hsg Delivery Functions

Natl Dept 1. Policy formulation.2. Managing housing-related legislation and regulation.3. Funding frameworks and financing.4. Support prov. & local govt in execution of their powers

& functions .

Prov. Dept 1. Strengthening the capacity of local governments 2. Co-ordinating housing and related activities in the

province3. Approving housing subsidies & projects.

Mun’s 1. Within the framework of national and provincial housing legislation and policy, Mun. to ensure that residents have access to housing.

2. Municipalities plan, co-ordinate & facilitate appropriate sustainable human settlement developments

BNG: Enhanced Role for Local Government

• Greater role for municipalities in housing delivery.

1. Housing cannot be separated from land use, town planning, infrastructure provision.

2. Housing planning to occur at local level to allow for better localized needs analysis, improved land identification, zoning & procurement, and provision of bulk infrastructure

Po

licy

Co

nd

ition

al

Gra

nt

Human S Water Land DoT EducatDoE HealthNT

Oth

er

Municipalities

Houses ResidentialLand

Water Sanitation Internal

InfrastructureElectricitySocial

AmenitiesRoads

IHAHSD

Province

DeveloperWater

Boards

Land Grant

CG

MIG

Transport

PT & IG

Electricity

INEP

Eskom

Urban

NDG

Education

Prov ES

Province

Health

Prov ES

Province

BNG Water, Sanitation

Land

HUMAN SETTLEMENTS

Plethora of Funding for Human Settlements

Current Conjuncture (1)

• Land-Use Planning & Management

1. Broad consensus that the country needs a new Planning Act.

2. Locate all national planning legislation within a single department.

3. Central point of co-ordination from which to reference the planning frameworks the various spheres of government.

Current Conjuncture (2)

• Institutional Arrangements: Roles & Responsibilities of Government

1. Legislative amendment: correct the current ambiguities of role of local government i.r.t. land-use mgt, planning & human settlement delivery.

2. Legislative functions of Local Government: from normative to prescriptive?

Current Conjuncture (3)

• Human Settlement Development Grants

1. Plethora of funding sources to be rationalised and aligned.

2. Hsg Grant: conditions for disbursements to be tighten i.r.t. sprawl & containment, but also to densification and in-fill development

How do we define sprawl?

• Delft– 115 du/ha

• Gordon's Bay– 12 du/ha

How do we define sprawl?

• Bloekombos– 140 du/ha

• Erinvale– 14 du/ha