The Spatial Planning and Land Use Management Act (SPLUMA) came into operation in July 2015. SPLUMA provides a framework for South Africa’s planning system, sets out principles for norms and standards and spatial development, and defines the role of each sphere of government.
SPLUMA defines the processes by which homes and business are built and expanded. It defines how and where suburbs should become more dense and what land uses should be permitted. It also provides guidelines for the growth of cities and makes provision for dealing with undesirable or illegal land uses.
The Act defines a leading role for municipalities in local land matters and replaces regulations and laws that previously directed land development and land use. Under SPLUMA, municipalities must, following public consultation, prepare, adopt and implement a Land Use Scheme (LUS) by July 2020. The LUS must be consistent with, and give effect to, the municipal Spatial Development Framework (SDF). An SDF is a framework that guides overall spatial distribution of land uses within a municipality to help bring about the municipality’s development vision and goals. All land development applications must be determined within the context of the LUS which will be binding on all owners and users of land within the municipality.
Importantly SPLUMA requires municipalities to establish a Municipal Planning Tribunal (MPT) to decide on applications for land use and development. People will have the right of appeal to via the Municipal Manager against an MPT decision.