Chapter 2: A Fragmented System

Question 1

What were the most important early English influences on Planning Law in SA? Describe these : [4]

Answer 1

• Restrictive Covenants - English legal precedent of Elliston V Reacher, laid down requirements for whether a restrictive covenant is enforceable or not.
• English Town Planning Law- Erstwhile Transvaal mirrored the 1925 and 1932 English Town Planning counterparts.

Question 2

Explain how the English tradition of Restrictive Covenants became part of the South African Planning System. [5]

Answer 2

• 1st introduced with the Cape English Occupation in 1975
• 1st became popular with the diamond discovery near Kimberley as a means to enforce racial segregation in new settlements.
• Controlled occupation, use and density.
• Protected property values as a result of mixed use, resulting from rapid growth and industrialisation.
• Inserting them into title deeds lasted till 1920.

Question 3

Discuss the circumstances which gave rise to the development of early planning legislation in the former Transvaal Province. [8]

Answer 3

• Gold Law 15 of 1898
• Gold Law 8 of 1885
• Grown Land Disposal Ordinance 57 of 1903
• Proclamation of Township Ordinance 19 of 1905
• Townships Act 33 of 1907
• Town Planning and Townships Ordinance 25 of 1965
• Transvaal Townships and Town Planning Ordinance 11 of 1931

Question 4

“The 1st serious consideration given to regional planning in SA was by the social and Economic Planning council in its report of 1944.” What were the 3 most important appeals made by the report? [3]

Answer 4

• More stringent land use controls
• Creation of department physical planning and regional development
• Creation of regional development agencies based on valley author model

Question 5

In 1975, The National Physical Development Plan (NPDP) was published by the department of Planning and the Environment attempting to eradicate two basic problems. List these problems. [2]

Answer 5

• Increasing concentration of people and economic activities in the relatively small metropolitan areas
• Increasing concern that the spatial development patterns of the country did not reflect the potential needs of its inhabitants

Question 6

List the main criticisms levelled at the National Physical Development Plan (NPDP) of 1975. [6]

Answer 6

• Impact was geared towards ‘white’ SA
• Ignored homelands information in plan compilation
• Attempted clarifying a goal but excluded a development programme
• A country cannot be planned in one document at one time
• No cognisance was taken of economic factors in preparation
• Contains principles which are viewed as not being entirely successful.

Question 7

Discuss guide plans as a planning tool about the following:

1. Origin and Development. [5]
2. Main criticisms levelled at guide plans. [7]

Answer 7

1. Origin and Development -
2. Main criticisms:
   - Took long to compile.
   - Process was expensive and unwieldy.
   - Procedure laid down was rigid.
   - Not sufficiently binding on the affected constituent authorities
   - Insufficient opportunity for public participation, participation was only by duly elected bodies.
   - Amendments were made constantly and were approached ad hoc.
   - It was difficult due to impossibility to accurately plan 25 years ahead.