Given that access to adequate housing is defined under South Africa's constitution as a fundamental human right, it is understandable that the post Apartheid government focuses significant time and expense on establishing human settlements intended to redress the historically unequal distribution of wealth and resources. This thesis is concerned with looking at why, in spite of this attention, the government has underperformed in delivering low income housing projects that evolve into socially sustainable and integrated communities. Since there is no substantial evidence that a comprehensive study of the consolidation of human settlements has been done in South Africa, this research and the recommendations it engenders will be an important resource for planning truly sustainable and integrated human settlements in the future. Both theoretical and applied research methodologies were utilised in this thesis to examine specifically six human settlements in the KwaZulu-Natal Ethekwini region, selected for their diversity in terms of social, economic and location characteristics, as well as the differing historical circumstances surrounding their establishments. That the analysis included three settlements with Greenfield and social housing projects developed during the Apartheid regime and three settlements established after the 1994 democratic elections, permits comparisons to be drawn and so facilitates a deeper understanding of the successes and failures of the creation of sustainable housing settlements. A thorough review of the limited literature in South Africa in this field and an assessment of strategies contained in the National Housing Policy, was complimented by a more practical approach, including the use of a Delphi survey method, which was conducted with experts in the housing field, policy makers and settlement inhabitants, and extensive on site data collection. This investigation shows that, paradoxically, the Apartheid housing settlements, designed to entrench racial segregation and inequality, have in fact flourished as consolidated communities, in comparison with post Apartheid housing projects. The thesis draws the conclusion that in the Apartheid settlements inhabitants are using their housing units as an invaluable asset to improve their living conditions and to create a sustainable environment. However, in the settlements developed by the post Apartheid regime, inhabitants are struggling to use their home as an asset to improve their living conditions and to create a convenient and sustainable environment. Consequently, poverty, social exclusion and vulnerability of the beneficiaries of low-cost housing are deepening. While this does not justify the Apartheid policy of enforced removals or the subsequent social evils, the sense of ownership that ensued from forcing inhabitants to thererafter pay for their dwelling based on a calculated proportion of household income, is key to understanding this disparity. In comparison, post Apartheid housing policy, framed within a socialist agenda, does not allow for equitable distribution based on income levels and so for the mainly poor and economically inactive inhabitants, there is an absence of this same ownership incentive to either care for or improve the dwellings that they are given. Furthermore, the current National Housing Policy fails to take a holistic approach to the issue since its priority is simply meeting short-term high demand to eradicate the most visible effects of Apartheid. Subsequently, the National Housing Policy has failed to consider how access to education facilities for children, availability of consumer goods and the proximity to commercial activity, jostle with the need for shelter as high priorities for low income households, which fundamentally affects the success of any housing policy. For this reason, several beneficiaries of post Apartheid housing units have sold their homes to raise income to meet more pressing needs. All social housing settlements that formed the sample of this research study have long term viability issues and so replicating any model is problematic. The thesis suggests therefore, that in the future, legislators and policy makers look towards cultivating mixed use housing settlements centred around vibrant commercial, business and retail sites with connecting public transit and pedestrian networks, and various tenure options, including rentals, rent-to-buy and outright purchase. Development initiatives taking into considerations the reforms and recommendations outlined in this thesis could be implemented on housing projects that use developed buffer zones of land that were left over from the Apartheid era housing policy or on "lost spaces" within existing human settlements. The advantages of such a new approach for creating sustainable housing settlements provides an opportunity to link spatially and economically dislocated communities while ensuring beneficiaries and stakeholders in housing settlements meet a wider variety of needs. The conclusion that this thesis draws is that South Africa needs a post Apartheid approach to create sustainable human settlements. The Delphi Study reveals that the strategy to be adopted should represent the expectations of both policy-makers and beneficiaries. Consequently, this thesis proposes a sustainable housing development model and has developed guidelines and processes that take into consideration the many issues affecting housing policies and so becomes a workable tool for future housing professionals. Consolidated and integrated settlements that evolve into socially sustainable communities then becomes a real possibility. / Thesis (Ph.D.)-University of KwaZulu-Natal, Durban, 2011.

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Made available in DSpace on 2015-03-26T13:33:42Z (GMT). No. of bitstreams: 1 texto completo.pdf: 420115 bytes, checksum: 73ddadf78303a92c8e537309ef948185 (MD5) Previous issue date: 2006-03-31 / Coordenação de Aperfeiçoamento de Pessoal de Nível Superior / The agrarian reform is theme quite controverted, could be analyzed by several angles, falling prominence to the political events that, along the history, they justify the moments of cooling and larger social mobilization. Among these angles, the present study will point out the relationship between the agrarian reform and the environment, being important to point out that the origin of this encounter was in 1997 with the promulgation of the Resolution 237 of CONAMA, that turned obligatory the environmental licensing for several activities, among which stand out the projects of rural establishments, being alerted that just in the year of 2001 there was the promulgation of specific federal norm for such a theme, which is, the Resolution 289 of CONAMA, that went into effect on December 19, 2004. In Minas Gerais, however, soon after the Resolution 237, a specific legislation was elaborated to discipline such situation, so that in 2000 the Normative Deliberation 44 of COPAM was elaborated, establishing the compulsory environmental licensing for the projects of rural establishments in Minas Gerais, in effect since the day of the publication, on November 25, 2000. In function of this new requirement for the agrarian reform, problems began to appear referring to the procedure for obtaining the environmental licenses, being the objective of this work to accomplish a study on the form as the environmental norm interfered in the creation and implementation of the rural establishments, being analyzed the institutions that work directly with the subject, as well as the analysis of the ideological mechanism that the Right use to justify the agrarian reform in Minas Gerais. / A reforma agrária é tema bastante conhecido e controvertido, podendo ser analisada por vários ângulos, cabendo destaque aos acontecimentos políticos que, ao longo da história, justificam os momentos de arrefecimento e maior mobilização social. Dentre esses ângulos, o presente estudo abordou a relação entre a reforma agrária e o meio ambiente, sendo importante salientar que a origem desse encontro se deu em 1997, com a promulgação da Resolução 237 do CONAMA, que tornou obrigatório o licenciamento ambiental para diversas atividades, dentre as quais se destacam os projetos de assentamentos rurais, alertando para o fato de que apenas no ano de 2001 houve a promulgação de norma federal específica para tal tema: a Resolução 289 do CONAMA, que entrou em vigor em 19 de dezembro de 2004. Em Minas Gerais, entretanto, logo após a Resolução 237, foi elaborada uma legislação específica para disciplinar tal situação, de forma que em 2000 foi elaborada a Deliberação Normativa 44 do COPAM, estabelecendo a obrigatoriedade do licenciamento ambiental para os projetos de assentamento rural mineiros, em vigor desde o dia da publicação, em 25 de novembro de 2000. Em razão desse novo requisito para a reforma agrária, começaram a surgir problemas referentes ao procedimento para obtenção das licenças ambientais. O objetivo deste trabalho foi realizar um estudo de como a norma ambiental interferiu na criação e implementação dos assentamentos rurais, analisando-se as instituições que lidam diretamente com a questão, assim como o mecanismo ideológico que o Direito, enquanto campo de conhecimento, se utiliza para justificar a reforma agrária em Minas Gerais.

A inclusão da moradia entre os direitos fundamentais sociais decorre do desenvolvimento do direito à moradia na legislação internacional como direito à moradia adequada, integrante do direito de toda a pessoa a um nível de vida adequado, e consiste no direito de viver em algum lugar em segurança, paz e dignidade, com o atendimento dos seguintes fatores: segurança jurídica da posse; disponibilidade de serviços, materiais, facilidades e infra-estrutura; custo suportável; habitabilidade; acessibilidade; localização e adequação cultural. Os assentamentos humanos devem ser equitativos e sustentáveis e estão proibidas discriminações por motivos de raça, cor, sexo, idioma, religião, opinião pública ou outro tipo. O Estado tem a obrigação de proteger a moradia contra a intervenção de terceiros e de atuar para sua realização. A moradia integra o direito a um mínimo existencial. A Constituição arrola a moradia entre as necessidades vitais básicas a serem atendidas pelo salário-mínimo; fixa as competências das entidades federativas no âmbito da política habitacional e da política urbana; cria o fundo para combate e erradicação da pobreza; declara os direitos dos índios e dos remanescentes dos quilombos. Em nível infraconstitucional, são importantes instrumentos de atuação da União na moradia: o Estatuto da Cidade, com o estabelecimento de diretrizes gerais da política do desenvolvimento urbano a serem seguidas por todas as entidades federativas, o Sistema Financeiro de Habitação, os programas habitacionais do Ministério da Cidade e o Sistema Nacional de Habitação de Interesse Social. / The inclusion of housing as a fundamental social right is a result of the development of housing rights in international legislation, such as the right to adequate housing. The right to adequate housing is a part of the right that everyone has to an adequate standard of living and consists of the right to live in a safe, peaceful and dignified place. This includes the following factors: legal protection of property; availability of services, materials, facilities and infra-structure; affordable prices; habitability; accessibility; localization and adequate cultural support. Human settlements must be equal and sustainable, and discrimination by race, color, sex, language, religion, public opinion or any other must be prohibited. The State has the obligation of protecting housing rights against third party intervention and must take action to make it so. Housing rights include the right to a basic standard of living. The Constitution lists housing among the basic necessities of life to be achieved by a minimum salary; establishment of jurisdictions for federal entities in relation to housing and urban policies; creation of funds for the reduction and eradication of poverty; declaration of the rights of native Americans and Quilombos. At the infraconstitutional level, the following are important instruments to be used by the Union for housing rights: the City Statute with the establishment of general guidelines for urban development policies to be followed by all federal entities; the Financial System for Habitation; the habitation programs of the Ministry of Cities and the National System of Habitation for Social Interest.

The Diploma thesis deals with the elaboration of a proposal for the functional use of the territory. The solid area is located in the cadastral area of Vlkovice. It is a separate area, the so called excluzive town of Lišov, located in the South Bohemian Region. The main objective of the work is to elaborate the urban plan, in practice it means verifying, designing and assessing the possibilities and conditions of the changes in the given locality. Other objectives include acquaintance with the selected territory and its detailed description. It is primarily a description of the technical and transport infrastructure and other aspects. Part of the practical part will be the comparison of the most suitable scenario with similar localities in the Czech Republic as well as abroad. On the basis of the studied literature, the thesis also focuses on a representative selection of works by authors dealing with the topic of spatial planning and sustainable development, selected concepts and the territorial study as a land-use planning tool.