Chapter 3: Content, Structure And Sources Of Planning Law

Question 1

Distinguish between the 3 core components of planning legislation in SA. Provide an example of the different planning instruments of each. [6]

Answer 1

• Spatial Planning - Creation of a blueprint for future land use to support sustainable development through the use of SDFs, IDPs and LDOs.
• Land-use Management - Accommodation of land use changes.
• Land Development Management - The procedures and decision making processes involved determining application to land use changes.

Question 2

The case of Knop v Johannesburg City Council has important implications for planning in SA. Explain the importance of this case with reference to the objective of planning law. [3]

Answer 2

• Objective - Taking into account the welfare of society and their interests, including environment and regulating spatial planning and land use.
• Importance - Court favoured public interests over individual interests. sSo the municipality can at any time in an erroneous event, change their decision in benefit of public good.

Question 3

List 2 ways in which the constitution contributes to planning in SA. [2]

Answer 3

• Private Law - Concerned with law of persons, law of delict, family law, law of succession, law of contract, property law and branches of commercial law.
• Public Law - deals with the establishment of government structures, how they interact and the relationship between the individual and these structures.

Question 4

Section 7(2) of the constitution of the republic of SA is crucial to planning as it provides that the state, in the form of the National, Provincial and Local government must RESPECT, PROTECT, PROMOTE and FULFIL the rights in the Bill of Rights. Explain the importance of this provision for development of planning legislation in SA. [8]

Answer 4

Duty to respect - Refrain from depriving people of land access or housing unjustifiably and from engaging in conduct that obstructs such access.

Duty to Protect - Intervene where the conduct of other persons threatens or undermines the protected rights.

Duty to promote - Encourage and adavance the realisation of these rights through cresting awareness.

Duty to Fulfil - Take appropriate measures to ensure that people gain access rights where they are lacking.

Question 5

The SPLUMA 2013 devotes a chapter to development principles and compulsory norms and standards. 5 principles of spatial planning are distinguishable in particular. Discuss these principles critically. [10]

Answer 5

Good administration - All government spheres ensure an integrated approach to land use and land development guided by SPLUMA.

Efficiency - Land development optimises the use of existing resources and infrastructure.

Spatial Justice - Redress past spatial and other imbalances through improved access to and use of land.

Spatial sustainability - Promote land development within fiscal, institutional and administrative means of the country.

Spatial Resilience - Accommodate flexibility in spatial plans, policies and land use management to ensure sustainability livelihoods.