COVID-19 Regulations
Some municipal functions such as public transport, restaurant hours and liquor sales are impacted by recent national COVID-19 regulations.Read the COVID-19 regulations.
This is the latest version of this By-law.
Bergrivier
South Africa
South Africa
Municipal Land Use Planning By-law, 2020
- Published in Western Cape Provincial Gazette no. 8365 on 11 December 2020
- Commenced on 11 December 2020
- [Up to date as at 19 February 2021]
Chapter I
Interpretation and application
1. Definitions
In this By-law, unless the context indicates otherwise, any word or expression to which a meaning has been assigned in the Western Cape Land Use Planning Act, 2014 (Act 3 of 2014), has the meaning assigned to it in that Act and—"adopt", in relation to a spatial development framework, zoning scheme, policy or strategy, means the approval thereof by a competent authority;"agent" means a person authorised in terms of a power of attorney to make an application on behalf of the owner;"Appeal Authority" means the Appeal Authority contemplated in section 79(1);"applicable period", referred to in sections 17(5) and (6), 18(2), 19(5), 22(1) and 32(1), means the period that may be determined by the Municipality in the approval;"applicant" means a person referred to in section 15(2) who makes an application to the Municipality as contemplated in that section;"application" means an application to the Municipality referred to in section 15(2);"authorised employee" means a municipal employee who is authorised in terms of delegated or sub-delegated authority by the Municipality to exercise a power or perform a duty in terms of this By-law or to inspect land and buildings in order to enforce compliance with this By-law or the zoning scheme;"base zoning" means the zoning before the application of any overlay zone;"commencement", in relation to construction, means to have begun continuous physical, on-site construction in accordance with building plans approved in terms of the National Building Regulations and Building Standards Act, 1977 (Act 103 of 1977), and that has gone beyond site clearing, excavation or digging trenches in preparation for foundations;"comments", in relation to comments submitted by the public, municipal departments and other organs of state and service providers on an application or appeal, includes objections, representations and petitions;"consolidation", in relation to land, means the merging of two or more adjacent land units into a single land unit, and includes the physical preparation of land for consolidation;"Council" means the municipal council of the Municipality;"date of notification" means the date on which a notice is served as contemplated in section 35 or published in the media or Provincial Gazette;"development charge" means a development charge contemplated in section 83 as levied by the Municipality;"emergency" includes a situation that arises from a flood, strong wind, severe rainstorm, fire, earthquake or industrial accident and that requires the relocation of human settlements or people;"external engineering service" means an engineering service outside the boundaries of a land area referred to in an application and that is necessary for the utilisation and development of the land;"Land Use Planning Act" means the Western Cape Land Use Planning Act, 2014 (Act 3 of 2014);"local spatial development framework" means a local spatial development framework contemplated in section 9;"Municipal Manager" means the Municipal Manager of the Municipality;"municipal spatial development framework" means a municipal spatial development framework adopted by the Municipality in terms of Chapter 5 of the Municipal Systems Act;"Municipality" means the municipality of Bergrivier Municipality (WC013) established by Establishment Notice P.N. 483/2000 in Provincial Gazette No. 5589 of 22 September 2000, as amended, issued in terms of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998), and, where the context so requires, includes—(a)the Council;(b)another political structure or a political office bearer of the Municipality, authorised or delegated to perform a function or exercise a power in terms of this By-law;(c)the Tribunal, authorised or delegated to perform a function or exercise a power in terms of this By-law;(d)the Municipal Manager; and(e)an authorised employee;"non-conforming use" means an existing land use that was lawful in terms of a previous zoning scheme but that does not comply with the zoning scheme in force;"overlay zone" means a category of zoning that applies to land or a land unit in addition to the base zoning and that—(a)stipulates additional development parameters or use rights that may be more or less restrictive than the base zoning; and(b)may include provisions and development parameters relating to—(i)primary or consent uses;(ii)subdivision or subdivisional areas;(iii)development incentives;(iv)density limitations;(v)urban form or urban renewal;(vi)heritage or environmental protection;(vii)management of the urban edge;(viii)scenic drives;(ix)coastal setbacks; or(x)any other purpose as set out in the zoning scheme;"owners’ association" means an owners’ association contemplated in section 29;"pre-application consultation" means a consultation contemplated in section 37;"restrictive condition" means any condition registered against the title deed of land restricting the use, development or subdivision of the land concerned;"service" means a service provided by the Municipality, any other organ of state or a service provider, including services for the provision of water, sewerage, electricity, refuse removal, roads, storm-water drainage, and includes infrastructure, systems and processes related to the service;"site development plan" means a dimensioned plan drawn to scale that indicates details of the proposed land development, including the site layout, positioning of buildings and structures, property access, building designs and landscaping;"social infrastructure" means community facilities, services and networks that meet social needs and enhance community well-being;"Spatial Planning and Land Use Management Act" means the Spatial Planning and Land Use Management Act, 2013 (Act 16 of 2013);"Spatial Planning and Land Use Management Regulations" means the Spatial Planning and Land Use Management Regulations: Land Use Management and General Matters, 2015, made under the Spatial Planning and Land Use Management Act and published under Notice R239/2015 in Government Gazette 38594 of 23 March 2015;"subdivisional area" means an overlay zone that permits subdivision for the purposes of a subdivision application involving a change of zoning;"Tribunal" means the Municipal Planning Tribunal, established in terms of section 70.2. Application of By-law
This By-law applies to all land situated within the municipal area, including land owned by organs of state.Chapter II
Spatial planning
3. Compilation or amendment of municipal spatial development framework
4. Establishment of project committee
5. Establishment of intergovernmental steering committee
6. Procedure with intergovernmental steering committee
7. Procedure without intergovernmental steering committee
8. Functions and duties
9. Local spatial development frameworks
10. Compilation, adoption, amendment or review of local spatial development frameworks
11. Status of local spatial development frameworks
12. Structure plans
Chapter III
Development management
13. Determination of zoning
14. Non-conforming uses
15. Land development requiring approval and other approvals
16. Continuation of application after change of ownership
If land that is the subject of an application is transferred to a new owner, the new owner may continue with the application as the successor in title to the previous owner and the new owner is regarded as the applicant for the purposes of this By-law.17. Rezoning of land
18. Departures
19. Consent uses
20. Subdivision
21. Confirmation of subdivision
22. Lapsing of subdivision
23. Amendment or cancellation of subdivision plan
24. Exemption of certain subdivisions and consolidations
25. Ownership of public places and land for municipal service infrastructure and amenities
26. Closure of public places
27. Services arising from subdivision
Subsequent to the approval of an application for subdivision in terms of this By-law, the owner of any land unit originating from the subdivision must—(a)allow that the following be conveyed across his or her land unit as may be reasonably required in respect of other land units originating from the subdivision:(i)gas mains;(ii)electricity cables;(iii)telephone cables;(iv)television cables;(v)other electronic infrastructure;(vi)main and other water pipes;(vii)foul sewers;(viii)storm-water pipes; and(ix)ditches and channels;(b)allow the following on his or her land unit if considered necessary and in the manner and position as may be reasonably required by the Municipality:(i)surface installations such as mini-substations;(ii)meter kiosks; and(iii)service pillars;(c)allow access to the land unit at any reasonable time for the purpose of constructing, altering, removing or inspecting any works referred to in paragraph (a) or (b); and(d)receive material or permit excavation on the land unit as may be required to allow use of the full width of an abutting street and to provide a safe and proper slope to its bank where necessitated by differences between the level of the street as finally constructed and the level of the land unit unless he or she elects to build retaining walls to the satisfaction of and within a period to be determined by the Municipality.28. Certification by Municipality
29. Owners’ associations
30. Owners’ associations that cease to function
31. Consolidation of land units
32. Lapsing of consolidation
33. Removal, suspension or amendment of restrictive conditions
34. Endorsements in connection with removal, suspension or amendment of restrictive conditions
Chapter IV
Application procedures
35. Manner and date of notification
36. Procedures for applications
37. Pre-application consultation
38. Information required
39. Application fees
40. Grounds for refusing to accept application
The Municipality may in terms of section 41(3) refuse to accept an application if—(a)there is no proof of payment of the applicable fees; or(b)the application is not in the form or does not contain the information or documents referred to in section 38.41. Receipt of application and commencement of application process
42. Provision of additional information or documents
43. Withdrawal of application or power of attorney
44. Public notice in accordance with other laws and integrated procedures
45. Publication of notices
46. Serving of notices
47. Contents of notice
When notice of an application must be published or served in terms of this By-law, the notice must—(a)provide the name and contact details of the applicant and the owner;(b)identify the land or land unit to which the application relates by giving the property description and the physical address;(c)state the intent and purpose of the application;(d)state that a copy of the application and supporting documentation will be available for viewing during the hours and at the place mentioned in the notice;(e)state the name and contact details of the person to whom comments must be addressed;(f)invite members of the public to submit written comments, together with the reasons therefor, in respect of the application;(g)state in what manner comments may be submitted;(h)state the date by which the comments must be submitted, which date may not be less than 30 days from the date on which the notice was given; and(i)state that any person who cannot write may during office hours come to an address stated in the notice where a named staff member of the Municipality will assist those persons by transcribing their comments.48. Other methods of public notice
49. Requirements for petitions
50. Requirements for submission of comments
51. Intergovernmental participation process
52. Amendments before approval
53. Further public notice
54. Liability for cost of notice
The applicant is liable for the costs of publishing and serving of all notices of an application in terms of this By-law.55. Right of applicant to reply
56. Written assessment of application
57. Decision-making period
58. Failure to act within period
Subject to section 41(5), an applicant may lodge an appeal with the Appeal Authority if the authorised employee or the Tribunal fails to decide on an application within the period referred to in section 57(1) or (2).59. Powers to conduct routine inspections
60. Decisions on applications
An employee authorised by virtue of section 69(1), or the Tribunal by virtue of section 69(2), as the case may be, may in respect of an application contemplated in section 15(2)—(a)approve, in whole or in part, or refuse that application;(b)upon the approval of that application, impose conditions in terms of section 66;(c)conduct any necessary inspection to assess an application in terms of section 59;(d)in the case of the Tribunal, appoint a technical adviser to advise or assist in the performance of the Tribunal’s functions in terms of this By-law.61. Notification and coming into operation of decision
62. Duties of agent
63. Errors and omissions
64. Exemptions to facilitate expedited procedures
Chapter V
Criteria for decision-making
65. General criteria for consideration of applications
When the Municipality considers an application, it must have regard to the following:(a)the application submitted in terms of this By-law;(b)the procedure followed in processing the application;(c)the desirability of the proposed utilisation of land and any guidelines issued by the Provincial Minister regarding the desirability of proposed land uses;(d)the comments in response to the notice of the application, including comments received from organs of state, municipal departments and the Provincial Minister in terms of section 45 of the Land Use Planning Act;(e)the response by the applicant, if any, to the comments referred to in paragraph (d);(f)investigations carried out in terms of other laws that are relevant to the consideration of the application;(g)a written assessment by a registered planner appointed by the Municipality in respect of an application for—(i)a rezoning;(ii)a subdivision of more than 20 cadastral units;(iii)a removal, suspension or amendment of a restrictive condition if it relates to a change of land use;(iv)an amendment, deletion or imposition of additional conditions in respect of an existing use right;(v)an approval of an overlay zone contemplated in the zoning scheme;(vi)a phasing, amendment or cancellation of a subdivision plan or part thereof;(vii)a closure of a public place or part thereof;(h)the impact of the proposed land development on municipal engineering services;(i)the integrated development plan, including the municipal spatial development framework;(j)the integrated development plan of the district municipality, including its spatial development framework, where applicable;(k)the applicable local spatial development frameworks adopted by the Municipality;(l)the applicable structure plans;(m)the applicable policies of the Municipality that guide decision-making;(n)the provincial spatial development framework;(o)where applicable, a regional spatial development framework contemplated in section 18 of the Spatial Planning and Land Use Management Act and provincial regional spatial development framework;(p)the policies, principles and the planning and development norms and criteria set by the national and provincial government;(q)the matters referred to in section 42 of the Spatial Planning and Land Use Management Act;(r)the principles referred to in Chapter Vl of the Land Use Planning Act;(s)the applicable provisions of the zoning scheme; and(t)any restrictive condition applicable to the land concerned.66. Conditions of approval
Chapter VI
Extension of validity period of approvals
67. Applications for extension of validity period
Chapter VII
Municipal planning decision-making structures
68. Municipal planning decision-making structures in respect of applications and appeals
Applications or appeals are decided—(a)in the case of an application referred to in section 15(2)(a) to (f), (h) to (k), (n), (o) or (r), by an authorised employee who has been authorised by the Municipality to consider and determine the applications as contemplated in section 69(1);(b)in the case of an application referred to in section 15(2)(a) to (f), (h) to (k), (n), (o) or (r) where an authorised employee has not been authorised by the Municipality to consider and determine the applications as contemplated in section 69(2), by the Tribunal;(c)in the case of an application referred to section 15(2)(g), (l), (m), (p) or (q), by the Council or an authorised employee;(d)by the Appeal Authority where an appeal has been lodged against a decision of an authorised employee or the Tribunal in respect of applications referred to in paragraph (a) or (b) respectively; or(e)by the appeal authority referred to in section 62(3) of the Municipal Systems Act where an appeal has been lodged against a decision of an authorised employee in respect of applications referred to in section 15(2)(g), (l), (m), (p) or (q).69. Consideration of applications
70. Establishment of Tribunal
71. Composition of Tribunal for municipal area
72. Process for appointment of members for Tribunal for municipal area
73. Term of office and conditions of service of members of Tribunal for municipal area
74. Disqualification from membership of Tribunal
75. Meetings of Tribunal for municipal area
76. Code of conduct for members of Tribunal for municipal area
77. Administrator for Tribunal for municipal area
78. Functioning of Tribunal for municipal area
79. Appeals
80. Procedure for appeal
81. Consideration by Appeal Authority
Chapter VIII
Provision of engineering services
82. Responsibility for provision of engineering services
83. Development charges and other contributions
84. Land for parks, open spaces and other uses
Chapter IX
Enforcement
85. Enforcement
86. Offences and penalties
87. Serving of compliance notices
88. Contents of compliance notice
89. Objections to compliance notice
90. Failure to comply with compliance notice
If a person fails to comply with a compliance notice, the Municipality may—(a)lay a criminal charge against the person;(b)apply to the court for an order—(i)restraining that person from continuing the unlawful utilisation of the land;(ii)directing that person to, without the payment of compensation—(aa)demolish, remove or alter any building, structure or work unlawfully erected or constructed; or(bb)rehabilitate the land concerned;(c)in the case of a consent use or temporary departure, withdraw the approval granted and take any of the other steps contemplated in section 88(1)(g).91. Compliance certificates
92. Urgent matters
93. General powers and functions of authorised employees
94. Powers of entry, search and seizure
95. Warrant of entry for enforcement purposes
96. Regard to decency and order
The entry upon land or premises or in a building under this Chapter must be conducted with strict regard to decency and order, which must include regard to—(a)a person’s right to respect for and protection of his or her dignity;(b)the right to freedom and security of the person; and(c)a person’s right to personal privacy.97. Enforcement litigation
Whether or not the Municipality lays criminal charges against a person for an offence contemplated in section 86, and despite section 87, the Municipality may apply to the court for an interdict or any other appropriate order, including an order compelling that person to—(a)demolish, remove or alter any building, structure or work unlawfully erected or constructed;(b)rehabilitate the land concerned;(c)cease the unlawful utilisation of land.Chapter X
Miscellaneous
98. Naming and numbering of streets
99. Repeal and transitional arrangements
100. Short title and commencement
- Entire By-law
- Preface
- Chapter I – Interpretation and application
-
Chapter II – Spatial planning
- 3. Compilation or amendment of municipal spatial development framework
- 4. Establishment of project committee
- 5. Establishment of intergovernmental steering committee
- 6. Procedure with intergovernmental steering committee
- 7. Procedure without intergovernmental steering committee
- 8. Functions and duties
- 9. Local spatial development frameworks
- 10. Compilation, adoption, amendment or review of local spatial development frameworks
- 11. Status of local spatial development frameworks
- 12. Structure plans
-
Chapter III – Development management
- 13. Determination of zoning
- 14. Non-conforming uses
- 15. Land development requiring approval and other approvals
- 16. Continuation of application after change of ownership
- 17. Rezoning of land
- 18. Departures
- 19. Consent uses
- 20. Subdivision
- 21. Confirmation of subdivision
- 22. Lapsing of subdivision
- 23. Amendment or cancellation of subdivision plan
- 24. Exemption of certain subdivisions and consolidations
- 25. Ownership of public places and land for municipal service infrastructure and amenities
- 26. Closure of public places
- 27. Services arising from subdivision
- 28. Certification by Municipality
- 29. Owners’ associations
- 30. Owners’ associations that cease to function
- 31. Consolidation of land units
- 32. Lapsing of consolidation
- 33. Removal, suspension or amendment of restrictive conditions
- 34. Endorsements in connection with removal, suspension or amendment of restrictive conditions
-
Chapter IV – Application procedures
- 35. Manner and date of notification
- 36. Procedures for applications
- 37. Pre-application consultation
- 38. Information required
- 39. Application fees
- 40. Grounds for refusing to accept application
- 41. Receipt of application and commencement of application process
- 42. Provision of additional information or documents
- 43. Withdrawal of application or power of attorney
- 44. Public notice in accordance with other laws and integrated procedures
- 45. Publication of notices
- 46. Serving of notices
- 47. Contents of notice
- 48. Other methods of public notice
- 49. Requirements for petitions
- 50. Requirements for submission of comments
- 51. Intergovernmental participation process
- 52. Amendments before approval
- 53. Further public notice
- 54. Liability for cost of notice
- 55. Right of applicant to reply
- 56. Written assessment of application
- 57. Decision-making period
- 58. Failure to act within period
- 59. Powers to conduct routine inspections
- 60. Decisions on applications
- 61. Notification and coming into operation of decision
- 62. Duties of agent
- 63. Errors and omissions
- 64. Exemptions to facilitate expedited procedures
- Chapter V – Criteria for decision-making
- Chapter VI – Extension of validity period of approvals
-
Chapter VII – Municipal planning decision-making structures
- 68. Municipal planning decision-making structures in respect of applications and appeals
- 69. Consideration of applications
- 70. Establishment of Tribunal
- 71. Composition of Tribunal for municipal area
- 72. Process for appointment of members for Tribunal for municipal area
- 73. Term of office and conditions of service of members of Tribunal for municipal area
- 74. Disqualification from membership of Tribunal
- 75. Meetings of Tribunal for municipal area
- 76. Code of conduct for members of Tribunal for municipal area
- 77. Administrator for Tribunal for municipal area
- 78. Functioning of Tribunal for municipal area
- 79. Appeals
- 80. Procedure for appeal
- 81. Consideration by Appeal Authority
- Chapter VIII – Provision of engineering services
-
Chapter IX – Enforcement
- 85. Enforcement
- 86. Offences and penalties
- 87. Serving of compliance notices
- 88. Contents of compliance notice
- 89. Objections to compliance notice
- 90. Failure to comply with compliance notice
- 91. Compliance certificates
- 92. Urgent matters
- 93. General powers and functions of authorised employees
- 94. Powers of entry, search and seizure
- 95. Warrant of entry for enforcement purposes
- 96. Regard to decency and order
- 97. Enforcement litigation
- Chapter X – Miscellaneous
History of this By-law
-
11 December 2020 this version
Published in Western Cape Provincial Gazette no. 8365By-law commences.
Download for later
Download the current version of this By-law to read later on your desktop, e-reader or tablet.