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 area14. Actions to finalise Development Plan for priority housing development area |
| (1) | The Agency, in consultation with the municipality, must finalise the development plan and obtain a council resolution supporting the development plan within 12 months of the date on which the Agency makes the preliminary declaration. |
| (2) | The development plan must at least contain the following information:— |
| (a) | the objectives and the prioritisation criteria of the priority housing development area; |
| (b) | a motivation with regard to the priority for declaring the land or landed property as a priority housing development area; |
| (c) | the name, delineated priority housing development area location, municipal and provincial domicile of the area to be declared a priority housing development area, which shall not differ significantly from the area described in the preliminary declaration; |
| (d) | the nature of the land use and the land ownership; |
| (e) | details and evidence of alignment with the relevant spatial planning frameworks, national development priorities, applicable provincial and municipal spatial development frameworks, and integrated development plans and land use schemes; |
| (f) | the type of development to be implemented within the priority housing development area; |
| (g) | roles and responsibilities of the required participants; |
| (h) | details of the community to be affected, either directly or indirectly, by the declaration of a priority housing development area; |
| (i) | all technical and feasibility studies that have been carried out on the land, or results to be obtained relevant to the implementation process and procedures of the priority housing development area; |
| (j) | a description of how existing projects in the area will be integrated into the development plan for the area; |
| (k) | budget allocations from all spheres of government and other relevant participants over the Medium Term indicative Expenditure Framework; |
| (l) | an indication of the intended implementing agent; |
| (m) | the implementation, governance and oversight structures; |
| (n) | risk mitigation management provisions and structures; |
| (o) | the reporting mechanisms; |
| (p) | the anticipated planning and development approvals and related arrangements regarding the implementation and finalisation of the priority housing development area; |
| (q) | compliance with applicable governmental policy and legislation, including spatial planning and land use management legislation, and other relevant provincial and municipal policies and legislation; |
| (r) | a closure strategy in accordance with regulation 27; |
| (s) | an indication of the person— |
| (i) | responsible for acting as the duly authorised representative of the participants; |
| (ii) | who will be vested with the necessary authority to bind the participants in terms of decisions which has to be taken, save where the principal of the authorised representative has directed differently; |
| (iii) | who will be the party with whom the implementing agent will liaise and correspond; and |
| (iii) | who must inform the implementing agent of any changes with regard to the authorised representation and the position of the representative; |
| (t) | any other details which the Agency may require to be included in the priority housing development plan. |
