Overview of Legislation and existing

classification efforts

Presented by Werner Fourie

13 - 28 November 2012

National Land Use Classification

Workshop:

SECTION 1

Contextualising land use

Legal Framework for Planning

• Constitution of RSA No 108 of 1996 – the primary role being the assigning of municipal planning responsibility to municipalities.

• Municipal Systems Act No 32 of 2000 – setting out in Chapter 2 the requirement, amongst other, for newly elected municipal councils to prepare and adopt an integrated development plan (IDP) for their respective areas and to provide for annual revision thereof.

• The IDP is required in terms of the act to include a spatial development framework (SDF) which must include the provision of basic guidelines for a land use system for the municipality.

• Development Facilitation Act No 67 of 1995 (DFA) – originally envisaged as interim legislation post the 1994 national elections to facilitate accelerated housing delivery by waving other legislation and giving decision making to provincial Development Tribunals (where established), but utilized to a large extent by the private sector for the development of amongst others, shopping centres, golf course estates, etc. Section of this legislation have since been declared unconstitutional by the Constitutional Court as it usurped the decision making powers of municipalities and is required to be repealed or amended by June 2012. Note: Despite sections of the Act being declared unconstitutional by the court, its General Principles for Land Development, as contained in Chapter 1, Section 3 of the act, are still deemed valid.

• Less Formal Township Establishment Act No 113 of 1991 – this act provides for shortened procedures for the establishment of townships, for less formal forms of residential settlement and to regulate the use of land by tribal communities for communal forms of residential settlement

• Planning Acts and Ordinances in the provinces. - The majority of legislation directly controlling planning in the nine provinces is still pre-1994 legislation enacted by the original four provinces of South Africa and they are all also generally unconstitutional in some or other aspect.

Provincial Legislation

• Free State – Townships Ordinance No 9 of 1969

• Eastern Cape - Cape Land Use Planning Ordinance No 15 of 1985

• North West – Cape Land Use Planning Ordinance No 15 of 1985

• Western Cape – Cape Land Use Planning Ordinance No 15 of 1985

• Gauteng – Transvaal Town Planning and Townships Ordinance No 15 of 1986

• Gauteng Planning and Development Act 3 of 2003

• Limpopo – Transvaal Town Planning and Townships Ordinance No 15 of 1986

• Mpumalanga – Transvaal Town Planning and Townships Ordinance No 15 of 1986

• Northern Cape – Northern Cape Planning and Development Act No 7 of 1998.

• KwaZulu-Natal - KwaZulu-Natal Planning and Development Act No 6 of 2008 (and

vestiges of Natal Town Planning Ordinance No 27 of 1949 for special consents).

Future Legislation

• Spatial Planning and Land Use Management

Bill (SPLUMB) – National legislation.

• Provincial Acts & regulations

Spatial Planning System

• The spatial planning system* in the Republic consists of the following

components:

– spatial development frameworks to be prepared and adopted by

national, provincial and municipal spheres of government;

– development principles, norms and standards that must guide

spatial planning, land use management and land development;

– the management and facilitation of land use contemplated in

Chapter 5 through the mechanism of land use schemes; and

– procedures and processes for the preparation, submission and

consideration of land development applications and related

processes as provided for in Chapter 6 and provincial legislation

*Spatial Planning and Land Use Bill

Spatial Development Frameworks*

• A tool to achieve the desired spatial form of the Municipality.

• A framework that seeks to guide overall spatial distribution of

current and future land use within a municipality in order to give

effect to the vision, goals and objectives of the municipal Integrated

development Plan.

*Guidelines for the development of Municipal Spatial Development Frameworks

Example – Spatial Development Framework

Land Use Management System (LUMS)

• Means the system of regulating and managing land use andconferring land use rights through the use of schemes and landdevelopment procedures

• Elements of a Land Use Management System

– Legislation

– Spatial development frameworks and structure plans.

– Land use schemes (also known as zoning schemes or town planningschemes).

– Related regulations and policies

– Processes and procedures (applications forms, approval processes etc.)

– Valuation and rating system

• RDLR aims to introduce a new set of tools to this system:

– Land use classification, methodology and symbology

Example – Land Use Scheme

Is land use therefore only required by

town planners?

• Parastatals such as Eskom & Telkom require land use data to allow them do

capacity planning. These Parastatals relate infrastructure requirement to land

uses.

• National Department of Agriculture have a need of agriculture type land use

information down to an actual crop/field and livestock level (e.g. tomato fields

etc.). This department currently deals with the sub-vision of agricultural land.

Key to motivating why land should or should not be sub-divided is to attach a

value to the agricultural component of the property. From the field crop

boundary dataset it is possible to calculate a % of land that is used for cultivated

land – but the actual crop is needed to calculate a value.

• Provincial Departments such as Dept. Of Agriculture and Environmental Affairs

do not generate land use information. They do, however, require land uses to

evaluate certain of their projects and programmes e.g. environmental impact

assessments.

• Municipal property valuers require land use data in order to accurately

determine the market value of a property.

Other legislation affecting planning• Subdivision of Agricultural Land Act 70 of 1970.

• National Building Regulation, Act 103 of 1977

• Physical Planning Act No 125 of 1991.

• Housing Act No 107 of 1997.

• Housing Amendment Bill 2006

• Housing White Paper

• National Environment Management Act No 107 of 1998 (NEMA) and its suite of

associated Acts viz. NEM: Protected Areas Act, 2003; NEM: Biodiversity Act, 2004;

NEM: Air Quality Act, 2004; NEM: Integrated Coastal Management Act, 2008;

NEM: Waste Act, 2008.

• National Heritage Resources Act No 25 of 1999

• Social Housing Act of No 16 of 2008.

• National Land Transport Act 5 of 2009.

• Mineral and Petroleum Resources Development Act 28 of 2002

• Other

What is a land use classification system?

• The aim of a land use classification is to establish a

national system for naming and defining groups of

land use. Elements of such a system include:

– Detail land uses

– Definitions of land uses

– A hierarchy or grouping of land uses

– A methodology of deriving these land uses

– A set of symbols to report on or map the land uses

SECTION 2

Identifying components of a land use classification in existing South

African Legislation / Guidelines

SPLUMB 2012

List of scheduled purposes:(a) Agricultural purposes;

(b) business purposes;(c) commercial purposes;(d) community purposes;

(e) conservation purposes;(f) educational purposes;

(g) government purposes;(h) industrial purposes;

(i) institutional purposes;(j) mining purposes;(k) public purposes;

(l) recreational purposes;(m) residential purposes;

(n) transport purposes; and(o) any other purpose as may be

prescribed.

‘‘business purposes’’ means purposesnormally or otherwise reasonably associatedwith the use of land for business activities,including shops, offices,showrooms, restaurants or similar businessesother than places of instruction,public garages, builder’s yards, scrap yards andindustrial activities;‘‘commercial purposes’’ means purposesnormally or otherwise reasonablyassociated with the use of land for distributioncentres, wholesale trade, storagewarehouses, carriage and transport services,laboratories or computer centres,including offices and other facilities that aresubordinate and complementary tosuch use;

SPLUMB Lists 15 major land uses (purposes) and provides definitions for each

Classifying SPLUMB land uses into

hierarchy

Business purposes

(SPLUMB)

Means purposes normally or otherwise reasonably associated with the use of

land for business activities, including shops, offices, showrooms, restaurants

or similar businesses other than places of instruction, public garages, builder’s

yards, scrap yards and industrial activities

Business purposes Shops

Offices

Showrooms

Restaurants

Residential purposes

(SPLUMB)

Means purposes normally or otherwise reasonably associated with the use of

land primarily for human habitation, including a dwelling house, group

housing, hotels, flats, boarding houses, residential clubs, hostels, residential

hotels and rooms to let

Residential purposes Dwelling house

Group housing

Hotels

Flats etc.

SPLUMB 2012Using the “land use purposes” as “main land use classes” and the definitions to identify a hierarchy = 15 Main classes & 64 Sub-classes

Main Use (SPLUMB Schedule 2) Secondary use

Agricultural purposes Agricultural activities

Agricultural structures

Agricultural buildings

Dwelling units

Business purposes Shops

Offices

Showrooms

Restaurants

Commercial purposes Distribution centres

Wholesale trade

Storage

Warehouses

Carriage and transport services

Laboratories

Computer centres

Community purposes Cultural activities

Places for social meetings and gatherings

Non-residential clubs

Gymnasiums

Sport clubs

Recreational activities

Conservation purposes

Means purposes normally or otherwise reasonably associated with the use of land for the preservation or protection of the natural

or built environment, including the preservation or protection of the physical, ecological, cultural or historical characteristics of

land against undesirable change or human activity

Educational purposes Crèches

Schools

Lecture halls

Monasteries

Public libraries

Art galleries

Museums

Colleges

Universities

Government purposes

Means purposes normally or otherwise reasonably associated with the use of land by the national government, a provincial

government or a municipality to give effect to its governance role;

Industrial purposes Manufacturing

Altering, repairing, assembling or processing of a product

Dismantling or breaking up of a product

Processing of raw materials

Noxious activity

Institutional purposes Charitable institutions

Hospitals

Nursing homes

Old-age homes

Clinics

Sanatoriums

Mining purposes Mining

Public purposes Open space

Public park

Public garden

Recreation sites

Sports fields

Public squares

Places for religious gatherings

Recreation purposes Entertainment

Leisure

Sports activities

Amusement facilities

Recreational activities

Residential purposes Dwelling house

Group housing

Hotels

Flats

Boarding houses

Residential clubs

Hostels

NEMPA. National

Environmental

Management:

Protected Areas

Act 57 of 2003

• 6 Main Classes

• 41 Sub-classes

Northern Cape

SDF

• Northern Cape developed Spatial PlanningCategories (SPC’s) as part of their provincialSDF

• These SPCs are generally consistent withUNESCO’s MAB Programme and include allland zonings that are provided for under theexisting Zoning Scheme Regulations.

• The designation of SPCs does not changeexisting zoning or land-use regulations orlegislation.

• SPCs merely help to clarify and facilitatecoherent decision-making that can lead tobetter zonation, laws and regulations. TheSPCs, furthermore, provide a framework interms of which land-use decisions can bestandardised throughout the province. It isadvisable that all zoning scheme regulationsbe aligned with the SPCs.

• It is proposed that the SPCs be applied for land-use classification at all levels of planning in the Northern Cape (refer specifically to the preparation of IDPs, SDFs and SDPs).

• The SPC’s are also included in their draft regulation meant to accompany SPLUMB.

Northern Cape SPLUMA Draft Regulations

Category Spatial Planning Category Zoning

Core Areas Protected area

Wilderness area

Special Nature Reserve

Conservation area

Buffer Green areas Contractual Conservation Area

Private conservation area

Ecological Conservation area

Urban green area Public parks

Landscaped areas

Agricultural areas General farming Game farms

Stock Farms

Intensive agriculture Irrigated land

Cultivated area

Plantation

• Introduced a 3 tiered classification as part of the Draft Regulations• Includes revised SPC’s (Spatial Planning Categories) and zonings• Furthermore lists land uses under the “summary of zones and development rules”• First province to include a classification as part of its legislation.

Urban Related areas Residential Single Residential House

Group Housing

Guest House

Flats/Residential Building

Mixed Density Residential Area

GAP Housing

Subsidised Housing

Informal Housing

Small Holdings

Residential Estate

Business Primary retail

Business Premises

Supermarket

Shop

Service related business Service trade

Service Station

Special Business Casino

Adult Entertainment

Liquor store

Liquor outlet

Commercial Business

SMME Incubator

Tuckshop

Tavern

Mixed Use Development Residential/light business;

Light industry/light business

Open Space Cemeteries excluding

Crematoriums.

Sports fields & Infrastructure

Parking areas, and services.

Transportation Airport and Infrastructure

Resorts

Tourism Related area Hospitality Corridor

Farmsteads &

Outbuildings

Main farmsteads

Industrial areas Agricultural industry Silos

Packing facilities

Wine cellars

Industrial Development

Light industrial Service industry repair

Warehouses

Service station

Heavy industrial Chemical works,

Brewery

Abattoirs,

Processing of hides

Crematoriums.

Stone crushing

Extractive Industry Settlements and infrastructure

Multiple consumptive resource extraction, e.g. mining

Surface Infrastructure and Buildings Road and street transport National roads

Main roads Provincial and regional roads

Minor roads Regional and local roads

Public Streets Public streets and parking areas

Overnight Facilities

Railway lines Railway lines and associated infrastructure.

Power lines Power lines and associated sub-stations and infrastructure.

Telecommunication infrastructure Radio/wireless communication

Telecommunications, which may include antennae, any support structure, and

ancillary structures

Renewable energy zone Wind turbine or solar voltaic apparatus

Dams & Reservoirs Major dams and reservoirs.

Canals Irrigation canals and stormwater

Sewerage Plants Municipal sewerage treatment plants

Private sewerage treatment

Refuse Areas Refuse landfill site

Science and Technology Science and technology areas

SKA designated astronomy reserve

Other Undetermined land

Special

Subdivisional area

Special consent

KZN LUMS Guidelines for Municipal

Schemes (March 2012)• The translation of the SDF land use areas into a Land Use Management

Framework (LUMF) or other linking plan usually requires the expansion of

basic land uses into a series of broad ‘generic’ land use areas/typologies,

as is appropriate for each particular municipality. The formulation of the

zones for a Scheme requires that these broad land use areas/typologies

are translated into one or more variant zones.

• Identified 11 “Parent Land Use Category”, 33 “Generic land use types” and

72 “Detailed variations of the Generic Type” – intended as “zonings”.

• It also identified possible additional land use categories (related to

hospitality, tourism, agriculture, residential and recreation parent

categories).

• Furthermore included rural land use descriptions as related to traditional

authority areas.

Parent Land Use Category Generic Land Use Type Detailed Variations of the Generic Type: The Zone

RESIDENTIAL Detached Housing Detached 1 (e.g. Min lot 500m2)

Detached 2 (e.g. Min lot 800m2)

Medium Density Attached MDH 1

MDH 2

Cluster Housing

Group Housing

High Density High Density 1

High Density 2

Medium Impact Residential Medium Impact Residential 1

High Impact Residential High Impact Residential 1

Hotel Hotel 1

Hotel 2

Holiday Resort Holiday Resort

Chalets

Camping

Caravan Park

Informal/Transitional Residential Informal/Transitional Residential

NON-URBAN RESIDENTIAL Informal Rapid Urbanization Areas

Traditional Settlement Rural Clusters – Imuzi

Scattered – Imuzi

COMMERCIAL/MIXED USE Mixed Use Core Mixed Use 1

Core Mixed Use 2

High Impact Mixed Use

Medium Impact Mixed Use

Mixed Use 1

Suburban Retail & Offices Suburban Retail & Offices

Offices Central Offices

Suburban Offices

Office Park

Business Park Business Park

Petrol Filling Station Petrol Filling Station

CIVIC AND SOCIAL Municipal/ Government & Administration Municipal/ Government & Administration

Health & Welfare Health & Welfare

Education Education

Worship Worship

OPEN SPACE Passive Open Space Parks

Active Open Space Playing Fields

Private Open Space

Conservation Conservation

Nature Reserve Game Reserve

Nature Reserve

INDUSTRY Mining & Quarrying Mining & Quarrying

Extractive Industry

Noxious Industry Noxious Industry

General Industry General Industry 1

General Industry 2

Light Industry Light Industry

Service Industry

Industrial Park Industrial Park 1

AGRICULTURAL Urban Agriculture Urban Agriculture/Market Gardening

Horticulture

Plant Nursery

Commercial Agriculture Intensive Agriculture

Extensive Agriculture

Forestry

Small Holdings

Game Farm/Ranch

Traditional Subsistence Traditional Subsistence Agriculture

Agriculture & Tourism Agriculture & Tourism

ROADS/TRANSPORTATION AND ACCESS Road

New Road/Road Widening

Railway

Airport

Mode Transfer Station/ Bus & Taxis Termini

Port/Harbour

Cycle/Pedestrian Way

UTILITIES AND SERVICES Utilities & Services Utilities & Services

SPECIAL ZONES Interim Site Planning Area

Special Site Planning Area

World Heritage Site

Other

Example of rural land use descriptions:

SPYSIS

• SPISYS is the vision of the Department of Rural Development and Land Reform in

partnership with the Free State and Northern Cape Provincial Governments. The

main goal is to enable the vision of the National Department which is to

create Vibrant, Equitable and Sustainable Rural Communities" by assisting with the

real time linking of Provincial Sector Departments to enable good governance

through making decisions based on live data.

• SPISYS is a GIS (Geographical Information System) and provides users with up-to-

date data in an interactive environment. It is accessible anywhere in the world via

the Internet.

• SPISYS idea came about due to a lack of access to certain sets.

• SPISYS does not look at land uses but rather data sets.

– 23 Main classes (service types)

– Approximately 170 secondary classes (Source groups)

– Approximately 720 detail “sources”

Service Type Source Group Source

Agriculture Agri industry Abattoirs

Co-operatives

Equipment manufacturing

Food processing

Fresh produce markets

Grain mills

Grain storage

Sugar mills

Wine cellars

Agri institutions Agricultural college

Food Producer Associations

Agri services Agri climate stations

Agri extension offices

Agri forestry stations

Agri research stations

Crop production areas Fruit production areas

Herbs &spice production areas

Maize production areas

Tobacco production areas

Vegetable production areas

Wheat production areas

Wine production areas

Farm buildings Farm equipment store

Farm house

Farm store

Greenhouse

Labour house

Silo

Farm dams Farm damwall

Rainwater tank

Stockwater dam

Communication and

Cellular Cell Towers

Cellular Coverage Areas

Communication

institutions Postal code zones

Telkom districts

Fibre Optic Lines Optical Exchange

Optical Lines

Fixed Lines Fixed-line Exchange

Fixed-line network

WiFi Services Wi Fi Coverage areas

Demography Communities DHS Informal settlements

DWA GeoDB communities

DWA NIS communities

StatsSAenumeratorareas2001

StatsSAenumeratorareas2006

StatsSA place names 2001

StatsSA place names 2006

StatsSA population estimates

StatsSA sub-place names

Dwellings Eskom residential supply points

StatsSA dwellings

Migration Migration 1996-2001

Focus on data sources

– not land uses

Other legislation

Legislation

Land uses

discussed (with

or without

definitions)

Black Communities Development Act, No 4 of 1984 35

DFA 8

DFA Regulations 40

Division of land ordinance 20 of 1986 2

Division of land ordinance 20 of 1986, Regulations 2

Environmental regulations for workplaces, 1989 91

Gauteng Planning and Development Act, 2010, Draft 5.4 8

Gauteng Planning and Development Regulations, 2010 5

Housing White Paper 8

Kwazulu-Natal Planning and Development Act, 2008 (with proposed changes Oct

2011) 51

KZN Planning and Development Act 6 of 2008 10

KZN Rationalisation of planning and development laws bill, 2007 45

Mining and Petroleum Resources Development Act 28 of 2002 11

Mining and Petroleum Resources Development Act 28 of 2002 Regulations 7

National Heritage Resources Act 25 of 1999 3

National Water Act 36 of 1998 3

Subdivision of Agricultural Land Act, 1970 1

Townships Ordinance, 1969 (Ordinance 9 of 1969) - Regulations 21

Other legislation

• The only planning legislation (proposed) that included a formal land use classification is the Northern Cape Draft Regulations for SPLUMB.

• Most planning legislation include the following:• Land use definitions• Zoning Tables / Development Control Tables similar to what can be

seen in Land Use Schemes• Non planning related legislations (excluding NEMPA) also include land use

definitions e.g.• Municipal Property Rates Act 6 of 2006• Occupational Health and Safety Amendment Act, No. 181 Of 1993 -

Eenvironmental regulations for workplaces

Municipal Property Rates Act 6 of 2006

(a) residential properties;(b) industrial properties;(c) business and commercial properties;(d) farm properties used for-

(i) agricultural purposes;(ii) other business and commercial purposes(iii) Residential purposes; or(iv) purposes other than those specified in subparagraphs (i) to (iii);

(e) farm properties not used for any purpose;(f) smallholdings used for-

(i) agricultural purposes; purposes;(ii) residential purposes;(iii) industrial purposes;(iv) business and commercial purposes; or (v) purposes other than those specified in subparagraphs (i) to

(iv);

MPRA lists 17 major land uses to be included in municipal valuation roll

(g) state-owned properties; (h) municipal properties;(i) public service infrastructure;(j) privately owned towns serviced by the owner;(k) formal and informal settlements;(I) communal land as defined in section 1 of the Communal Land Rights Act,(m) state trust land;(n) properties-

(i) acquired through the Provision of Land and Assistance Act, 1993 (Act No. 126 of 1993), or the Restitution of Land Rights Act, 1994 (Act No. or 1994); 22 of 25(ii) which is subject to the Communal Property Associations Act, 1996 (Act No. 28 of 1996);

(0) protected areas;(p) properties on which national monuments are proclaimed;(q) properties owned by public benefit organisations and used for any specific 30 public benefit activities listed in Part 1 of the Ninth Schedule to the Income Tax Act; or (r) properties used for multiple purposes, subject to section 9.

Municipal Property Rates Act 6 of 2006

• Abattoirs• Ablutions• Abrasive Blasting• Aircraft Manufacture• Assembly Plants• Bakeries• Banks• Blacksmith• Boiler Houses• Bookbinding• Boot and Shoe• Box, Carton and Paper-Bag Making• Brewing, Distilling and soft drinks• Building and construction• Canning and preserving• Carpet Making• Cement, Asbestos, Gypsum, Talc, Etc.,

Products and Moulded Goods• Cement Manufacture• Ceramics• Chemical works• Clothing• Cold Stores• Confectionery, chocolates, sweets etc.• Court Rooms• Dairies• Die-sinking and engraving• Dry Cleaning• Dye Works• Electrical Goods manufacture• Electricity Generating Stations• Fire Stations

• Forging• Foundries• Furniture Factories• Garages• Gasworks• Gauge and Tool Rooms• General Factory Areas• Glass processing• Glove Making• Hat Making• Hosiery and Knitwear• Hostels and Restaurants• Inspection Area• Iron and Steel• Jewellery and watchmaking• Laboratories and Test Rooms• Laundering and Dry Cleaning• Leather and Tanning• Libraries, Museums and Art Galleries• Lifts• Machine, Shops and Fitters’ Benches• Materials Handling• Milling (Flour)• Motor Vehicle Manufacture• Offices• Outdoor Areas• Paint Manufacture• Paint Shops and Spraying Booths• Paper and Paper Board Manufacture• Passages and Lobbies• Pharmaceutical and Fine Chemical• Photographic

• Plastics• Plating• Post Offices• Pottery and Clay Products• Printing• Refrigeration• Rubber Processing• Schools and Educational Institutions• Sheet Metal• Shops, Store Rooms and Warehouses• Soap Manufacture• Stairs, Escalators and Ramps• Storage Battery Manufacture• Structural Steel Fabrication• Sugar manufacturing• Surgeries, Hospitals and Clinics• Tailoring• Telephone Exchanges• Textile (Cotton or Linen)• Textile (Jute)• Textile (Silk or Synthetic)• Textile (Woollen)• Theatres, Cinemas and Halls• Tobacco• Upholstering• Warehouses and Bulk Storing• Welding and Soldering• Woodworking and Sawmilling

Occupational Health and Safety Amendment Act, No. 181

of 1993 - Environmental regulations for workplaces

National Heritage Resources Act 25 of

1999

• Heritage areas

• Burial grounds and graves

• Public monuments and memorials

National Water Act 36 of 1998

• Watercourse

• Waterwork

• Wetland

Mining and Petroleum Resources

Development Act 28 of 2002• Reduction works

• Beneficiation plants

• Coal preparation plants

• Screening and washing installations

• Generating stations

• Sand dump

• Slimes dam

• Mining operations

• Mining residue stockpiles

• Mining residue deposits

• Residential areas

• Public Road

• Railway purposes

• Cemetery

• Farming

• Petroleum reservoir

• Prospecting area

• Retention area

Land Use Management Schemes

Use Zone Primary Land Use Rights Secondary Land Use Rights

Residential 1 Dwelling House Religious purposes, place of instruction, child care

centre, social halls, institutions, residential

buildings (excluding hotels), special buildings, sport

and recreation clubs, public or private parking areas,

medical consulting rooms, tavern/shebeen,

house/spaza shop, guesthouse.

Means a detached self-contained inter-leading suite of rooms containing a kitchen with or without an ancillary scullery and the appropriate ablutions, used for the living accommodation and housingof one family, together with such outbuildings and subsidiary dwelling unit as is ordinarily permitted therewith, as long as the subsidiary dwelling unit comply with the process stipulated in the Town Planning Scheme in Use Zone “Residential 1”; provided that a second kitchen, which is to be used for religious purposes and which is physically connected with the first kitchen, may be provided to the satisfaction of the Council. An entertainment, reception and/or living area within a dwelling house or part of a reasonably required and ancillary outbuilding (See “outbuilding” definition), may include a wash-up area used exclusively for that purpose.

Dwelling House

Means a building on an erf or site, excluding a dwelling house and/or dwelling unit, that contains habitable rooms, with or without common ablution-, kitchen-, dining- and/or lounge facilities. Such definition includes but is not restricted to hostels, hotels, dormitories, communes, boarding houses, guest houses (excluding converted dwelling houses and/or dwelling units), bed and breakfast and old age homes that may or may not include ancillary frail care facilities.

Residential Building

Residential purposes Dwelling house

Hostel

Hotels

Dormitory

Commune

Boarding houses

Guest Houses

Bed and Breakfast

Old Age Homes

Means a freestandingdwelling unit used as adwelling for a single family ,together with suchoutbuildings as are ordinarilyused therewith.

Means a detached self-contained inter-leadingsuite of rooms containing a kitchen with orwithout an ancillary scullery and the appropriateablutions, used for the living accommodationand housing of one family , together with suchoutbuildings and subsidiary dwelling unit as isordinarily permitted therewith, as long as thesubsidiary dwelling unit comply with the processstipulated in the Town Planning Scheme in UseZone “Residential 1”; provided that a secondkitchen, which is to be used for religiouspurposes and which is physically connected withthe first kitchen, may be provided to thesatisfaction of the Council. An entertainment,reception and/or living area within a dwellinghouse or part of a reasonably required andancillary outbuilding (See “outbuilding”definition), may include a wash-up area usedexclusively for that purpose.

What's in a definition?

Definition of a DwellingHouse: KZN Ethekwini OuterWest Town Planning Scheme(amended May 2004)

Definition of a Dwelling House: ConsolidatedJohannesburg Town Planning Scheme 2011

NGI Classification

• RDLR: CD-NGI mandated to do land cover and land use mapping on a national scale.

• Designed a land use classification system in 2009.

• 14 Main classes

• 61 Secondary classes

• 464 tertiary land uses

• Emphasis was to align main and secondary classes to available datasets that can be used for mapping purposes.

# Main Use Sec Use # Secondary Use

1 Agriculture & Fisheries 1.1 Commercial Agriculture

1.2 Subsistence Agriculture

1.3 Small Scale Agriculture

1.4 Grazing

1.5 Fisheries

2 Forestry 2.1 Managed Forest Plantation

2.2 Managed Natural (Indigenous) Forest

2.3 Unmanaged Forest Plantation

2.4 Unmanaged Natural (Indigenous) Forest

3 Conservation 3.1 National Parks

3.2 Nature Reserves

3.3 Conservation Areas

4 Mining 4.1 Mineral Workings & Quarries

5 Transport 5.1 Transport Tracks & Ways

5.2 Transport Terminals and Interchanges

5.3 Car Parks

5.4 Other Vehicle Storage

5.5 Goods & Freight Handling

5.7 Waterways

6 Utilities & Infrastructure 6.1 Energy Production & Distribution

6.2 Water Storage & Treatment

6.3 Sewerage Treatment Plants

6.4 Refuse Disposal

6.5 Cemeteries & Crematoria

6.6 Post & Telecommunications

6.7 Bulk Pipeline Networks

7 Residential 7.1 Formal Single Residential

7.2 Formal Multiple Residential

7.7 Residential in Rural Village

7.3 Informal Residential

7.4 Hotels, Boarding & Guest Houses

7.5 Residential Institutions (hostels etc,)

7.6 Dispersed Residential

8 Community Services 8.1 Health Care Facilities

8.2 Places of Worship

8.3 Education

8.4 Community Facilities

8.5 Administrative Facilities

9 Commercial 9.1 Retail

9.2 Financial Institutions

9.3 Restaurants & Cafes

9.4 Bars, Taverns & Night Clubs

9.5 Offices

9.6 Informal Trading

10 Industrial & Storage 10.1 Light Industries

10.2 Heavy Industries

10.3 Storage

10.4 Wholesale Distribution

11 Recreation & Leisure 11.1 Open Spaces

11.2 Amusement & Show Places

11.3 Libraries, Museums, Art Galleries

11.4 Sports Facilities

11.5 Resorts

12 Protection Services 12.1 Defence

12.2 Police

12.3 Emergency Services

12.4 Correctional Services

13 Undeveloped Land 13.1 Undeveloped Land

14 Water 14.1 Surface water used for storage

14.2 Surface water used for recreation

14.3 Surface water used for irrigation

Alignment Attempt by RDLR-SPI

• Accepted the NEMPA/Northern Cape Main

classes.

• Attempted to align the NGI classification, as

well as SPLUMB land use definitions.

• Introduced unique numbering/reference

system

SECTION 3

Summary

Summary

• ‘Land use' is a key term in the language of town and regional planning.

• Land use is also used outside of planning circles

• No single recognised NATIONAL classification exist in South Africa– NEMPA

– RDLR:NGI

• Various recent provincial initiatives– KZN

– Northern Cape

– SpiSys in Free State

• Little integration

Key Questions

• What methodology should be used when designing a classification system?

– Land uses / Spatial planning categories / Datasets / Definitions

– Who is responsible for classifying land uses? Lawyers / Provincial Departments /Municipalities / Open Source Approach?

• How detailed should such a classification system be?

• Who “owns” the classification?

• Will those institutions “tasked” with managing land uses (municipalities) be able to use the classification?

Thank Youwerner_icon@mics.co.za

0836399259