• – Processing of land use applications (subdivisions, consolidations, rezonings, departures, consent uses and house shops)
• – Issuing of business licences
• – Scrutinizing of building plans
• – Control illegal land uses
• – Manage queries relating to land use applications within the area of jurisdiction of the Municipality

Land use applications must be submitted on the prescribed form which is available at the Municipal Offices as well as on the Municipal Website add link. Applications can also be submitted electronically. The guideline for electronic submissions is add link

Bredasdorp Office:

Working hours: 8:00-13:00 & 13:30-16:30 (Monday to Thursday)

Working hours: 8:00-13:00 & 13:30-16:00 (Friday)

Consultations can be done at other offices in the Municipal Area by arrangement.

What is the purpose of the Zoning Scheme and the Planning By-law?

The purpose of a zoning scheme is to promote economic growth, social inclusion and efficient land development with minimal impact on public health, the environment, and natural recourses.

The Zoning Scheme regulates all land uses within the area of jurisdiction of the Municipality and gives effect to the Municipal Spatial Development Framework (SDF). It is a legal document that sets out development rules and restrictions to control land use and development of immovable property. The zoning scheme affects all property owners as it determines and controls land usage on properties and stipulates development parameters (building lines, densities, coverage, height etc).

The Zoning Scheme consists of the By-Law, Scheme Map and Register. The Municipality must record and update all land use applications (rezonings, departures, consent uses) in the register

The Planning By-Law and the Zoning Scheme should be aligned to each other. The Planning By-Law focuses on the procedures to change land use rights, to address illegal land uses, to amend or review the SDF, to establish decision making structures etc.

What does a basic land use application process entail?

Depending on the nature, extent, and complexity of an application, it will go through the following stages in terms of the Cape Agulhas Municipal Land Use Planning By-law, 2022

• Pre-application consultation (if required) to ensure completeness.
• Notice of the application is given to the public informing them of their right to give submissions and specifying closing date. (Where required).
• Applicants are advised of any submissions by the public and given an opportunity to comment on them.
• Detailed technical assessments are done by the Town Planning and other relevant Departments
• A decision is then made by either the authorised official or the Municipal Planning Tribunal
• The applicant and any member of the public who made a submission are informed of the decision.

An appeal period is allowed and if any appeal is received it is referred to the Appeal Authority to uphold, amend or vary the decision.

What is land use/development management?

Each property within the boundaries of the Cape Agulhas Municipality is subject to a set of regulations to control development on that property. These regulations are set out in the Cape Agulhas Zoning Scheme By-Law (2022), which must be read together with the Municipal Land Use Planning By-Law (2022). Each land unit in the Municipality has a zoning, and the zoning prescribes what land uses are allowed on the land unit. Each zoning also has development parameters, which determine the way in which the property may be developed and used, for example how close to the property boundary you may build, how high you may build, the maximum floor area permitted, and on-site parking requirements. If a landowner wants to use or develop land in a way that differs from the development rules for the zoning, (s) application can be made to the Municipality to either (i) change the zoning to one that will allow the use or development, or (ii) change the development rules applicable to the specific land unit.

What information and documentation is required as part of a land use application?

The application must be made on the prescribed form. It is important that an application includes all relevant information necessary (as per section 38) of the Municipal Land Use Planning By-Law, 2022 to enable the Town Planning Department to properly evaluate it. The application form states what information is required.  

How does a member of the public submit a representation on land use applications that affect them.

After notice of an application is publicized, the public may submit representations within the timeframe specified. All submissions need to include the following:

• The application reference number.
• The details of the person submitting the representation, including the full name, interest in the application and preferred method by which you can be contacted.

General conditions:

• An objection, comment or representation that does not meet the requirements above may be disregarded.
• Late comments or objections will not be considered unless the authorised official has agreed in writing.
• If you are unable to write, you may visit the Town Planning Department during office hours where you will be assisted with transcribing your comment, objection or representation and associated reasons.

Representations must be submitted to the Municipal Offices or via email to: townplanning@capeagulhas.gov.za

When and how can an Appeal be lodged against a decision on an application?

Once a decision has been made on an application, the applicant and/or any objectors will be notified of such decision and be advised of a right to appeal to the appeal authority in terms of section 78(12)(2) of the Municipal Land Use Planning By-Law, 2022. Should such an appeal right be exercised, it must be done within the prescribed manner and time frame.

What is a Spatial Development Framework (SDF) and how does it link to the Integrated Development Plan (IDP)?

The purpose of an SDF is to guide the spatial distribution of current and future land uses, infrastructure investment, development, and protection of the natural environment, considering financial realities, whilst giving effect to the vision, goals and objectives of the Municipal Integrated Development Plan (IDP). The SDF is a spatial representation of the IDP.

In general terms, the SDF outlines:

• The spatial challenges, opportunities (and implications) of the Municipality.
• Strategies, policies, and proposals to meet the challenges and opportunities for CAM and individual settlements.
• The roles and opportunities for different agents in implementing the SDF and priority projects.

Broadly, the SDF is organised around three themes:

• bio-physical environment,
• socio- economic environment, and
• built environment (including infrastructure).

Spatial proposals entail three types of actions or initiatives:

• Protective actions – things to be protected and maintained to achieve the vision and spatial concept.
• Change actions – things that need to be changed, transformed, or enhanced to achieve the vision and spatial concept.
• New development actions – new development or initiatives to be undertaken to achieve the vision and spatial concept.

What is the process that will be followed in drafting the Spatial Development Framework (SDF) and how can the public get involved?

According to Section 3 of the Municipal Land Use Planning By-Law, 2022, the Municipal Systems Act and Section 11 of the Land Use Planning Act, the Municipal Council must take the decision to compile or amend its SDF.

• Council resolved to compile a new 5-year SDF based on the 2017 SDF during May 2022. The Municipality published a notice informing the public of its intention to compile a new 5-year SDF; and invited the public to register as interested and affected parties.

The process is as follows:

• A draft status quo report is developed and submitted to Council for adoption, which is an assessment of the existing levels of development and development challenges in the Municipal Area
• After adoption of the status quo report, a first draft of the SDF is compiled and submitted to the Council to approve the publication thereof for public comment.
• The first draft of the SDF is submitted to the Provincial Minister for comment in terms of section 13 of the Land Use Planning Act; and
• after consideration of the comments received from the public and the Provincial Minister, the final SDF, with any amendments that are required is submitted to the Council for adoption.

What is SPLUMA? and why should all Municipalities be SPLUMA compliant?

SPLUMA (Spatial Planning and Land Use Management Act, 2015), primarily aims to provide national, provincial, and municipal spheres of government with a framework relating to the establishment of policies and systems concerning planning and land use management.

Historically each province had its own set of Acts governing land use within its boundaries. SPLUMA unifies all the provinces under one national legislation. SPLUMA replaced several acts such as Removal of Restrictions Act 84 of 1967, Physical Planning act 88 of 1967, Less Formal Township Establishment Act 113 of 1991, The Physical Planning Act 125 of 1991 and the Development Facilitations Act 67 of 1995.

Council approved and adopted both its Cape Agulhas Zoning Scheme By-Law and Municipal Land Use Planning By-Law for its entire area of jurisdiction on the 28^th of June 2022 and is SPLUMA compliant.

The following Town Planning related Acts and By-Laws are available on this website add links

• 

  Spatial Planning & Land Use Management Act

  1 file(s) 311.64 KB

  Download
• 

  Western Cape Land Use Planning Act

  1 file(s) 432.15 KB

  Download
• Cape Agulhas Zoning Scheme By-Law (2022) – Link to micro site
• Municipal Land Use Planning By-Law (2022) – Link to micro site

House shop By-law (2016) – Link to micro site