Land-Use Planning By-Law for George Municipality

Overview

• Adoption Date: 01 September 2015
• Source: Western Cape Provincial Government's Proposed Standard Draft By-Law
• Purpose: To regulate and control municipal land-use planning within George Municipality's jurisdiction.

Arrangement of Sections and Schedules

Chapter I: Interpretation and Application

• Definitions: Key terms such as 'agent', 'applicant', 'Municipality', etc.
• Application of By-law: Applies to all land in George's municipal area.

Chapter II: Spatial Planning

• Municipal Spatial Development Framework (MSDF): Procedures for compilation or amendment.
• Project and Intergovernmental Committees: Establishment and roles.
• Local Spatial Development Frameworks: Adoption processes and statuses.

Chapter III: Development Management

• Zoning: Determination processes.
• Non-conforming Uses: Conditions and continuation.
• Land Development: Requiring municipal approval.
• Subdivision and Consolidation: Processes and exemptions.

Chapter IV: Application Procedures

• Notification and Procedures: Guidelines on notifications and consultations.
• Application Requirements: Necessary information and fees.
• Public Participation: Notification methods and submission of comments.

Chapter V: Criteria for Decision-Making

• General Criteria: Considerations for applications including policy alignment and public interest.
• Conditions: Types and implications of conditions for approval.

Chapter VI: Extension of Validity Periods

• Applications for Extension: Conditions for extending validity periods of approvals.

Chapter VII: Municipal Planning Decision-Making Structures

• Structures: Role of the Tribunal and other bodies.
• Tribunal Establishment: Membership and operation rules.

Chapter VIII: Provision of Engineering Services

• Responsibilities: Applicant and municipal responsibilities.
• Development Charges: Conditions and calculations for charges.

Chapter IX: Enforcement

• Offences and Penalties: Legal implications and penalties for violations.
• Compliance Notices: Issuance and contents.

Chapter X: Miscellaneous

• Street Naming and Numbering: Procedures following development approvals.
• Repeals and Short Title: By-laws repealed and commencement.

Schedules

Schedule 1: Code of Conduct for Tribunal Members

• General Conduct: Accountability, transparency, and conflict of interest.
• Gifts and Influence: Restrictions on gifts and undue influence.

Schedule 2: By-laws Repealed

• Details of by-laws repealed by this legislation.

Key Points

• Emphasizes integration with provincial and national planning regulations.
• Detailed procedures for public participation and stakeholder engagement.
• Strict enforcement and compliance measures to regulate land use and development.
• Establishment of clear criteria for decision-making and appeals processes.