KWAZULU-NATAL PLANNING AND DEVELOPMENT AMENDMENT BILL, 2013
Summary
The KwaZulu-Natal Planning and Development Amendment Bill, 2013, proposes various amendments to the KwaZulu-Natal Planning and Development Act, 2008. It focuses on refining land consolidation and subdivision processes, updating public notice requirements, clarifying the roles of the Surveyor-General and Registrar of Deeds, and establishing transitional measures for older planning ordinances and the Development Facilitation Act, 1995.
Key insights
- The Bill introduces new definitions to the principal Act, including "adjacent land", "public service infrastructure", and "traditional authority area".
- The Bill modifies the requirements for land consolidation and subdivision, specifically adding the "notarial tying of adjacent land" and the "extension of a sectional title scheme by the addition of land to common property" as activities requiring application.
- Municipalities are required to specify which conditions of approval must be met before the development of land, the erection of a building, or the registration of the land.
- The Bill establishes that the Registrar of Deeds may not register land unless the municipality has issued a certificate confirming that the conditions of approval for subdivision or consolidation have been met.
- An application for development is not required for the construction of a dwelling in a traditional authority area, provided the State is not subsidising the building through programmes such as the Integrated Residential Development Programme or the Upgrading of Informal Settlements Programme.
- The Bill introduces criminal offences for failing to observe conditions of approval and for failing to disclose that land is not registrable when alienating such land.
- The Bill clarifies that paying rates based on the use of a property does not make that use lawful under the Act.
- Municipalities are empowered to delegate certain powers to committees or officials, including the power to decide applications for scheme amendments, land subdivision, or the closure of municipal roads, to a registered planner.
- The Bill outlines specific circumstances where public notice is not required for applications, such as for public service infrastructure, certain state-owned facilities (e.g., hospitals, schools, police stations) in operation before 1 May 2010, or boundary adjustments resolved by court order.
- The Bill provides for the deletion of redundant title deed conditions, such as those prohibiting subdivision or restricting land to one dwelling house, if they were imposed by specific historical ordinances or regulations.
- Transitional measures are established for the Town Planning Ordinance, 1949, and the Development Facilitation Act, 1995, to ensure that certain approved developments or applications do not lapse unnecessarily.
Cite the original document
- APA
- Centre for Environmental Rights (2013). KWAZULU-NATAL PLANNING AND DEVELOPMENT AMENDMENT BILL, 2013. https://cer.org.za/wp-content/uploads/2014/02/2013-CERTIFIED-KZN-Planning-and-Development-Amendment-Bill.pdf?x21779
- Chicago
- Centre for Environmental Rights. KWAZULU-NATAL PLANNING AND DEVELOPMENT AMENDMENT BILL, 2013. 2013. https://cer.org.za/wp-content/uploads/2014/02/2013-CERTIFIED-KZN-Planning-and-Development-Amendment-Bill.pdf?x21779.
- Wikipedia
- {{cite report |author=Centre for Environmental Rights |title=KWAZULU-NATAL PLANNING AND DEVELOPMENT AMENDMENT BILL, 2013 |date=10 June 2013 |url=https://cer.org.za/wp-content/uploads/2014/02/2013-CERTIFIED-KZN-Planning-and-Development-Amendment-Bill.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}
- BibTeX
- @techreport{centreforenvironmentalrights2013kwazulunatal, author = {{Centre for Environmental Rights}}, title = {{KWAZULU-NATAL PLANNING AND DEVELOPMENT AMENDMENT BILL, 2013}}, institution = {Centre for Environmental Rights}, year = {2013}, month = jun, url = {https://cer.org.za/wp-content/uploads/2014/02/2013-CERTIFIED-KZN-Planning-and-Development-Amendment-Bill.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }
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