Housing Development Agency Act, 2008
R 385
Spatial Planning and Land Use Management Act, 2013 (Act No. 16 of 2013)Chapter 5 : Land Use Management26. Legal effect of land use scheme |
| (1) | An adopted and approved land use scheme— |
| (a) | has the force of law, and all land owners and users of land, including a municipality, a state-owned enterprise and organs of state within the municipal area are bound by the provisions of such a land use scheme; |
| (b) | replaces all existing schemes within the municipal area to which the land use scheme applies; and |
| (c) | provides for land use and development rights. |
| (2) | Land may be used only for the purposes permitted— |
| (a) | by a land use scheme; |
| (b) | by a town planning scheme, until such scheme is replaced by a land use scheme; or |
| (c) | in terms of subsection (3). |
| (3) | Where no town planning or land use scheme applies to a piece of land, before a land use scheme is approved in terms of this Act such land may be used only for the purposes listed in Schedule 2 to this Act and for which such land was lawfully used or could lawfully have been used immediately before the commencement of this Act. |
| (4) | A permitted land use may, despite any other law to the contrary, be changed with the approval of a Municipal Planning Tribunal in terms of this Act. |
| (5) | A municipality may, after public consultation, amend its land use scheme if the amendment is— |
| (a) | in the public interest; |
| (b) | to advance, or is in the interest of, a disadvantaged community; and |
| (c) | in order to further the vision and development goals of the municipality. |
| (6) | A land use scheme developed and approved in terms of this Act must address and resolve any conflict with an existing scheme not repealed or replaced by the new land use scheme. |
