Land Use Management: Questions and Answers

The Land Use Management function works to ensure that all land and properties in Stellenbosch are used only according to their permitted land-use or zoning rights. It considers applications for new developments by property owners and developers to change permitted land uses, zoning rights and their accompanying restrictions, which are in turn specified in a zoning scheme. This responsibility is exercised in line with the Municipalities commitment to sustainable and equitable development.

Typical land-use or zoning categories in a zoning scheme include:

• Residential zones (e.g. single residential dwellings, group housing schemes or blocks of flats)
• Open space zones (e.g. public open spaces, parks, sports fields, cemeteries or private open spaces)
• Business commercial zones (e.g. shops or office blocks)
• Community use facility zones (e.g. schools, clinics or places of worship)
• Industrial zones (e.g. factories, motor repair garages or warehouses)
• Utility zones (e.g. electricity substations or water treatment plants)
• Transport zones (e.g. public roads, railway lines and public transport interchanges)
• In addition to the spatial development frameworks and structure plans drawn up by spatial planning officials, zoning schemes and related regulations and policies are primary tools for land-use and development management.

Spatial development frameworks and structure plans stipulate where development may or may not happen in future and provide an overview of land use in the city.

All decisions on development applications must be consistent with these controls, as must the guidelines and requirements found in the Land Use Planning Ordinance (15 of 1985) and other applicable planning laws, as well as with Council's related operational policies and requirements. Collectively, these controls are known as the Municipality's Land Use Management System.

The Land Use Management function is currently rationalizing the Municipality's existing separate local zoning schemes into a single standard integrated zoning scheme for the entire Municipal jurisdiction.

Land use management services in Stellenbosch are delivered through the Municipality's Directorate of Planning and Development, that offers the following services:

• Pre-application advice to residents, consultants and developers about land use management issues and application procedures for the submission of development applications
• Processing and facilitating applications for rezoning, subdivision, zoning scheme departures and amendments, removal of title deed restrictions, etc
• Enforcement of planning and land use management related legislation and zoning scheme regulations
• Issuing of property zoning certificates
• Investigating and resolving land-use management complaints and illegal land use, and prosecuting contraventions What are my obligations as a property owner in terms of planning law?

You may only use or allow your property to be used or developed in accordance with its legal usage as described in the Town's zoning scheme. If you do not know the land use or development rights relating to your property, or know whether a specific activity or proposal will be permitted, contact your district planning office.

How do I make a planning application?

If planning approval is required for the activity or proposed development you wish to undertake, contact your municipal planning office for application forms and a list of the supporting documentation that is required for submission. In more complicated cases, you may wish to appoint a consultant to assist in preparing the application. Once you have submitted the application and paid the fees, an official will check the application to see if it is complete.

An application number will be issued for your reference.

How will my application be processed in terms of the relevant planning law?

Once an application has been accepted as valid and complete, it will be advertised to any potentially affected parties and circulated to relevant internal and other government departments for comments.

Should any objections be received, you will be given the opportunity to respond or amend your proposal to address these. After this, a final assessment of the application (which may include writing a report to a Council committee or the provincial government) will be made and a decision will be taken. You will be advised of the outcome in writing.

How do I remove restrictive title deed conditions?

Restrictive title deed conditions may prevent or prohibit a property from being used for a specific purpose or from being developed in a certain way. You may apply to the Municipality to have the relevant restriction amended, suspended or even removed. The final decision is made by the provincial government. Alternatively, you may also apply to a court to have the relevant restriction expunged from the title deed. Contact your local district planning office for application forms and advice.

How do I acquire new or additional land use or development rights?

You may apply to acquire new or additional land use or development rights through rezoning (changing existing rights), consent use (additional rights) or a departure from the zoning scheme (additional or new rights). Contact your municipal planning office for application forms and further advice.

How do I apply for a zoning scheme departure?

Consult a planning official about the likelihood of your request for a departure being granted. Then complete the relevant application forms and supporting documentation. Building plans for the building or development may only be submitted once the departure application has been approved.

When do I need a site development plan?

The Municipality may require a developer to submit a detailed site development plan if detailed site layout and design specifics of a proposed development are important for its consideration. This is often made a condition of approval in a subdivision or rezoning application, or it may be required in terms of a zoning scheme. A site development plan usually comprises a set of plans or drawings and covers aspects such as building positioning, vehicular access and parking arrangements, architectural details, landscaping and engineering services. Once approved, the details and the standards in the plan become a legal obligation, with which the developer must comply when carrying out the proposed development.

How do I register a complaint if property owners or occupiers are contravening land-use controls and regulations?

Should any necessary legal action be taken (e.g. prosecution), once you have established the facts around the alleged contravention or unauthorized development, submit your complaint in writing to your nearest local planning office. Include your name, address and contact details, the name and address of the alleged offender, and a description of the relevant contravention. Your allegation will then be investigated by a planning inspector or other relevant official. Any necessary legal action (e.g. prosecution) will be taken, and you will be informed of the outcome.