Planning administration in the Western Cape is at a critical juncture. It is faced with having to address planning issues and housing needs whilst at the same time demonstrating through its practices the promotion of environmentally sustainable development. This paper will discuss planning and environmental legislation and the impact that the application of the legislation has on development proposals. Current legislation addresses issues of spacial development in developed areas and new development proposals but lacks the ability to address issues within informal settlements. Although socio-economic factors are not currently considered when assessing the viability of applications, the courts seem to consider these factors. Since new housing settlements are often developed for the poor and industrial developments in close proximity to these areas have direct impact on these individuals, planning could only gain if these factors are taken into consideration.<br /> <br /> If planning administration in the Western Cape is to continue successfully and without endless litigation against the Department of Environmental Affairs and Development Planning administrators will have to find a balance between promoting development and protecting the environment. To promote environmentally sustainable developments will require closer cooperation between the land use planning and environmental management components. The loopholes, which permit incremental development in the present legislation, have to be identified and addressed. Guidelines, which will standardize the conditions under which applications can be approved or refused, will have to be drafted to ensure decision-making that is consistent and defensible. If having a liquor store within an affluent environment is not considered desirable such applications should not be considered within lower income areas. The same should apply when dealing with applications to establish factories or industry which will have an impact on the living conditions of communities in close proximity. The MEC will have to ensure that all decision taken are within the legal framework and that such decisions benefit entire communities and protect the rights of the poorest communities as well as that of the wealthy and influential.<br /> <br /> Environmental legislation and the growing importance of environmental protection is also having an impact on the way in which new settlements are planned and on the rights of property owners. Although, we are responsible for the preservation of the environment for the next generation, socio-economic conditions, HIV and a myriad of other considerations may have to take precedence over environmental concerns.

Planning administration in the Western Cape is at a critical juncture. It is faced with having to address planning issues and housing needs whilst at the same time demonstrating through its practices the promotion of environmentally sustainable development. This paper will discuss planning and environmental legislation and the impact that the application of the legislation has on development proposals. Current legislation addresses issues of spacial development in developed areas and new development proposals but lacks the ability to address issues within informal settlements. Although socio-economic factors are not currently considered when assessing the viability of applications, the courts seem to consider these factors. Since new housing settlements are often developed for the poor and industrial developments in close proximity to these areas have direct impact on these individuals, planning could only gain if these factors are taken into consideration.<br /> <br /> If planning administration in the Western Cape is to continue successfully and without endless litigation against the Department of Environmental Affairs and Development Planning administrators will have to find a balance between promoting development and protecting the environment. To promote environmentally sustainable developments will require closer cooperation between the land use planning and environmental management components. The loopholes, which permit incremental development in the present legislation, have to be identified and addressed. Guidelines, which will standardize the conditions under which applications can be approved or refused, will have to be drafted to ensure decision-making that is consistent and defensible. If having a liquor store within an affluent environment is not considered desirable such applications should not be considered within lower income areas. The same should apply when dealing with applications to establish factories or industry which will have an impact on the living conditions of communities in close proximity. The MEC will have to ensure that all decision taken are within the legal framework and that such decisions benefit entire communities and protect the rights of the poorest communities as well as that of the wealthy and influential.<br /> <br /> Environmental legislation and the growing importance of environmental protection is also having an impact on the way in which new settlements are planned and on the rights of property owners. Although, we are responsible for the preservation of the environment for the next generation, socio-economic conditions, HIV and a myriad of other considerations may have to take precedence over environmental concerns.

MRDV / Institute for Rural Development / The study was carried out to assess the community-perceived determinants of access to land for development in Mutale Local Municipality. It was conducted in the Makuya and Mutele Traditional Authority areas of the former Mutale Local Municipality. All the views relating to access to land for housing, agriculture and business development expressed during the Vhembe District Land Development Summits and Forum meetings held in 2008, 2010 and 2014 were consolidated. Using this information, a questionnaire comprising entirely closed-ended answers requiring responses on a Likert-type scale of 1 (strongly agree) to 5 (strongly disagree) was prepared. The questionnaire was administered through focus group discussions in community workshops during which youth (male and female), women, men and community leaders were the respondents. Open-ended questions were also administered focusing on the factors hindering or enabling access to land, and solutions that the community perceived needed to be taken. Mean and mode for each response were calculated. Chi-Square tests for association were conducted to determine whether there was any association in the responses obtained from the traditional authority areas. Kruskal Wallis and Mann-Whitney tests were conducted to determine the level of agreement of perceptions respondents with Vhembe district land development summits resolutions among youth, adults and community leaders. There were no statistically significant differences (P > 0.05) in perception of issues relating to access to land for housing, agriculture and business development of land development. Thus, the issues are real and should form a solid basis for planning interventions that might unlock access to land for different types of uses. Moreover, improving transparency and deepening community participation and consultation over classification and sale of unoccupied land could minimise the likelihood of potential land conflict.

This study concerns the analysis of policy, and the statutory and regulatory impact of spatial planning on the land reform programme with emphasis on the land reform settlement plan (LSRP) of the Amathole District Municipality (ADM). There is a brief historical overview of the effect of the policy of spatial segregation in both rural and urban areas of the ADM. This study demonstrates, inter alia, the challenges faced by the ADM in both consolidating and physically integrating communities that were hitherto divided across racial lines. The critical question is whether the ADM has the ability to produce a Spatial Development Framework (SDF), which will be responsive to the needs of the region and serve as a catalyst in reversing the physical distortions caused by the land-planning legislation of the apartheid past. The greatest challenge lies in meeting the developmental aspirations of the Development Facilitation Act, 1995, the Local Government: Municipal Systems Act, 2000 and the National Spatial Development Perspective, 2003. Chapter 1 deals with the purpose, research problem and the method of research, as well as the definition of terms used in this research and literature review. Chapter 2 deals with the evolution of central themes of spatial planning and land reform, spatial development plans and integrated development plans (IDPs), the alignment of Amathole SDF and Eastern Cape Spatial Development Plan and the co-ordination of spatial frameworks. Chapter 3 deals with the composition of the ADM and the evolution of the LRSP, as well as land-tenure reform programmes impacting on the Amathole Municipality region. This chapter analyses the settlement plan against spatial planning legislation, the issue of institutional arrangements and mechanisms of consolidated local planning processes. Chapter 5 deals with the thorny issue of participation of traditional leaders in municipal planning and the government’s land-reform programme. Despite the existence of legislation in this regard, implementation seems to pose some difficulties. This chapter also deals with the co-operative governance framework. Chapter 6 is a concluding chapter dealing with the gaps discovered in the Amathole Municipality in the light of existing legislation. Reference to cases is made to demonstrate the challenges confronting the ADM. One notable aspect is the issue of urban-rural dichotomy and how the two worlds are positioned in their competition for the use of space. It is evident from this research that the post-1994 policy and legislative framework and implementation machinery lacks capacity to change the current form of the apartheid city-planning paradigm, something which impacts immensely on the sustainability of the current human-settlement development programmes. Population dynamics in terms of migration are hugely driven by search for employment opportunities and better services. The efficiency and ability of the municipal spatial evelopment frameworks in directing and dictating the identification of development nodes in its juristic boundary informed by the overarching national policy and legislative framework is key in building a better South Africa.