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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
© Western Cape Government 2012 | © Western Cape Government 2012 |
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
© Western Cape Government 2012 | © Western Cape Government 2012 |
Pre-application consultation 2
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
© Western Cape Government 2012 | © Western Cape Government 2012 |
Pre-application consultation 3
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
© Western Cape Government 2012 | © Western Cape Government 2012 |
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
© Western Cape Government 2012 | © Western Cape Government 2012 |
Land Development Application 2
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...
© Western Cape Government 2012 | © Western Cape Government 2012 |
Land Development Application 3
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...
© Western Cape Government 2012 | © Western Cape Government 2012 |
Land Development Application 4
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
…132 days and counting...
COPIES OF COMMENTS &
RESPONSES TO DEPT AGR
VERIFY REQUIREMENTS OF
COMMENTS ITO REG. 20 + 1. Complete application
2. Comment & Responses
3. Additional Information
© Western Cape Government 2012 | © Western Cape Government 2012 |
Land Development Application 5
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
…110 days and counting...
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
© Western Cape Government 2012 | © Western Cape Government 2012 |
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
© Western Cape Government 2012 | © Western Cape Government 2012 |
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
© Western Cape Government 2012 | © Western Cape Government 2012 |
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