Protection of Businesses Act, 1978
R 385
Housing Development Agency Act, 2008 (Act No. 23 of 2008)RegulationsHousing Development Agency RegulationsChapter 3 : Declaration of priority housing development area13. Preliminary declaration of priority housing development area |
| (1) | Based on the development priorities identified in the integrated development plan, the Agency will apply the identification criteria in subregulation (2), in order to prepare a Development Plan proposal for a preliminary declaration of a priority housing development area in consultation with the municipality. |
| (2) | The identification criteria contemplated in subregulation (1) in order to identify a priority housing development area must be whether the proposed area— |
| (a) | has a high demand for housing and related services within the area; |
| (b) | is large enough to accommodate economic and social infrastructure and housing needs; |
| (c) | supports sustainable environmental management and the integration of land uses and amenities; |
| (d) | would grant reasonable access, or progressive realisation of such access, to bulk infrastructure, amenities, economic activities and transport; and |
| (e) | is not situated within an area which— |
| (i) | is zoned or used for purposes of forestry, mining, or similar activities; |
| (ii) | poses an unreasonable environmental or health risk; or |
| (iii) | is protected in terms of any law in order to preserve biodiversity, the natural habitat, or any other purpose. |
| (3) | The municipality and the Agency must develop and finalise an implementation protocol that commits the municipality and the Agency to working together to develop a proposal for a preliminary declaration of a priority housing development area. |
| (4) | If the relevant municipality is a non-assigned municipality seeking priority housing development area declaration, the relevant provincial departments must be co-signatory to the implementation protocol. |
| (5) | A public consultation process, including the Agency, in respect of the proposal for preliminary declaration of a priority housing development area must be incorporated in the annual integrated development plan review process undertaken by the municipality in terms of the Local Government: Municipal Systems Act. |
| (6) | The Agency, in consultation with the municipality, must submit the proposal contemplated in subregulation (1) to the Minister for consideration. |
| (7) | After the approval by the Minister of a Development Plan proposal for preliminary declaration of priority housing development area, the Agency must make a preliminary declaration. |
| (8) | The proposal contemplated in subregulation (1) must contain at least the following:— |
| (a) | a motivation and reasons in support of the preliminary declaration of a priority housing development area; |
| (b) | details on the nature of the circumstances of priority in the municipality; |
| (c) | details of and evidence of alignment with the relevant integrated development plan and applicable spatial development frameworks; |
| (d) | details on the nature of the land use and the land ownership; |
| (e) | details and proof of inclusion of the consultative processes with the participants in the integrated development plan review process in terms of subregulation (5); |
| (f) | the commitment by the relevant participants to assist the Agency in preparing the development plan, once a preliminary declaration of a priority housing development area has been made by the Agency; |
| (g) | source of the funds required to prepare the priority housing development area plan; |
| (h) | indicative budget allocations from all spheres of government and other relevant participants over the Medium Term Expenditure Framework; |
| (i) | proposed time periods within which the development plan must be finalised; and |
| (j) | a signed implementation protocol between the municipality and the Agency as per subregulation (3). |
