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 businesses 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 provisions 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). The Land Use Scheme must be consistent with, and give effect to, the municipal Spatial Development Framework (SDF). An SDF is a framework that guides the 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 Land Use Scheme 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 to appeal via the Municipal Manager against an MPT decision.

SPLUMA process for dealing with land use and development applications

Application process: The applicant submits an application to the Municipal Planning Registrar for assessment and approval.

Decision-making process: The assessment and initial decision is taken by the Municipal Planning Authorised Officer (MPAO) and the Municipal Planning Tribunal (MPT). A final decision will be taken and reasons must be given for the decision. 

Appeal process: 

• If a person’s rights are affected by the Authorised Officer or Municipal Planning Tribunal’s decision regarding a land use application, they can appeal to the Municipal Manager within 21 days of being notified of the decision (including someone with Intervener status). An interested person is someone who may be reasonably expected to be affected by the outcome of the land development application where their income and/or their property rights could be influenced by the proposal.
• The person who is appealing must give written notice and reasons for the appeal.
• The Municipal Manager must submit an appeal to the Appeal Authority within the prescribed time. 
• The Appeal Authority holds the hearing – written or oral submissions can be made which can also be electronic. Parties must be notified of the date, time and venue of the hearing. 
• The Appeal Authority makes a decision – either confirming the original decision, varying it, or revoking (withdrawing) it. The Appeal Authority must exercise their powers in an independent manner, free from governmental or any other outside interference or influence. No person, including a municipality or organ of state, is allowed to interfere with the functioning of the Appeal Authority, 
• All parties are informed of the decision and the reasons.

Only when the appeal process is complete can the development continue if it has been approved.  

Intervener status

Anyone who has an interest in a land use and development application can petition the municipality to ‘intervene’ in a land use and development application that has been submitted to the Municipal Planning Tribunal or Authorised Officer. The intervention must relate to an existing application that has been considered by a Municipal Planning Tribunal or Appeal Authority. The person who is intervening must prove their ‘interest’ in the application and the chairperson of the Municipal Planning Tribunal or Appeal authority has the right to decide if the person petitioning qualifies as an ‘intervener’.