City of Johannesburg: Municipal Planning By-Law

Posted on: October 3 2016

The City of Johannesburg: Municipal Planning By-Law, 2016, which gives effect to the provisions of the SPLUMA came into operation on 1 September 2016.

LOCAL AUTHORITY NOTICE 1240 OF 2016

MUNICIPAL PLANNING BY-LAW

CITY OF JOHANNESBURG METROPOLITAN MUNICIPALITY

The City of Johannesburg: Municipal Planning By-Law, 2016, which gives effect to the provisions of the Spatial Planning and Land Use Management Act, 2013 (Act 16 of 2013) was approved by Council on 23 June 2016. It came into operation on 1 September 2016.

ARRANGEMENT OF BY-LAW

CHAPTER 1
DEFINITIONS

1. Definitions

CHAPTER 2
APPLICATION OF BY-LAW, ALIGNMENT OF AUTHORISATIONS AND GENERAL PROVISIONS APPLICABLE TO AN APPLICATION

2. Application of By-Law
3. Alignment of authorisations
4. Types of applications
5. Provisions and principles which shall guide and inform all land development applications

CHAPTER 3
LAND USE SCHEME AND MUNICIPAL SPATIAL DEVELOPMENT FRAMEWORK

6. Land use scheme
7. Purpose and content of land use scheme
8. Legal effect of land use scheme
9. Amendment of land use scheme
10. Municipal Spatial development framework
11. Content of Municipal Spatial development framework
12. Legal effect of Municipal Spatial development framework

CHAPTER 4
MUNICIPAL PLANNING TRIBUNAL AND AUTHORISED OFFICIAL

13. Establishment of Municipal Planning Tribunal
14. Composition of the Municipal Planning Tribunal
15. Powers and functions of the Municipal Planning Tribunal
16. Classification of applications to be determined by the Municipal Planning Tribunal
17. Authorised official
18. Classification of applications to be determined by the authorised official

CHAPTER 5
GENERAL REQUIREMENTS AND APPLICATION PROCEDURES FOR DEVELOPMENT APPLICATIONS

Part 1
Consent Use and Building line relaxation

19. Consent use
20. Building line relaxation

Part 2
Amendment of Land Use Scheme (Rezoning) and matters related thereto

21. Amendment of Land Use Scheme
22. Decision and post-decision procedures
23. Correction of errors and omissions
24. Prohibition of a further application in certain circumstances
25. Contributions to be paid in respect of external engineering services and Open Spaces

Part 3
Township establishment, division/phasing of an approved township, extension of boundaries of an approved township and matters related thereto

26. Township establishment
27. Consent to certain contracts and options
28. Decision and post-decision procedures
29. Prohibition of registration of certain deeds of transfer or endorsement on certain title deeds
30. Failure to comply with requirements of the City
31. Division/phasing of an approved township
32. Extension of boundaries of an approved township

Part 4
Subdivision and/or consolidation of an erf in an approved township and the subdivision of any other land and matters related thereto

33. Subdivision and/or consolidation of an erf/erven in an approved township
34. Cancellation and amendment of conditions/plan, endorsement of certain documents by Registrar and access
35. Subdivision of any other land
36. Failure to comply with requirements of the City
37. Prohibition of registration of certain deeds of transfer

Part 5
Alteration, amendment or cancellation of a general plan

38. Alteration, amendment or cancellation of a general plan
39. Decision and post-decision procedures
40. Effect of alteration, amendment or cancellation of general plan

Part 6
Amendment, suspension or removal of restrictive or obsolete conditions or obligations, servitudes or reservations in respect of land and matters related thereto

41. Amendment, suspension or removal of restrictive or obsolete conditions or obligations, servitudes or reservations in respect of land
42. Decision and post-decision procedures
43. Endorsements in connection with amendments, suspensions or removals or restrictions or obligations
44. Contributions to be paid in respect of external engineering services and Open Spaces

Part 7
Permanent closure of a public place and diversion of a street

45. Permanent closing of a public place or diversion of a street

CHAPTER 6
ENGINEERING SERVICES, CONTRIBUTIONS AND OPEN SPACES

Part 1
Engineering services and engineering services contributions

46. Engineering services
47. External engineering services contributions

Part 2
Provisions of Land for open space and inclusionary housing

48. Provision of land for open space, payment in lieu of providing open space and inclusionary housing contribution

CHAPTER 7
APPEAL AUTHORITY AND PETITION TO INTERVENE

49. Internal appeals
50. Hearing by appeal authority
51. Record of decisions
52. Petition to be granted intervener status

CHAPTER 8
GENERAL PROVISIONS

53. Sectional Title Schemes
54. Approval or adoption of amendment scheme under certain circumstances
55. Documents, plans and diagrams and any other information to be submitted with land development applications under the provisions of this By-law
56. Continuation of application by new owner
57. Time frames for land development applications
58. Hearing of submissions, objections, comments or representations
59. Reasons for a decision
60. Naming and numbering of streets
61. Tariff of charges
62. Offences and penalties
63. Law enforcement
64. National and Provincial interest
65. Transitional provisions
66. Exemption
67. Administrative language
68. Validity of Objections
69. Excision from Agricultural Holding Register
70. Short title and commencement

City of Johannesburg Municipal Planning By-Law of 2016