The application of a transfer of development rights (TDR) programme is a concept
which has been used, both formally and informally, by regulators of development, as
a mechanism to protect areas of historical, cultural, ecological, agricultural and
environmental importance. The application of a TDR programme requires definition
of a TDR boundary and the identification of sites within such area which are
capable of sustaining development (receiving sites) and sites that are not suited to
development (sending sites). A TDR programme serves to protect the natural
environment; preserve historical and cultural diversity; and, strives to achieve an
equitable spread bf development opportunities amongst property owners in a given
area.
There are those involved with current development planning policy within KwaZulu-Natal
who propose that the planning legislation should formally incorporate TDR
regulations into the KwaZulu-Natal Planning and Development Act (Act 5 of 1988).
TDR programmes in KwaZulu-Natal have been applied in a limited sense and in an
informal manner. To date, no area in KwaZulu-Natal has been formally designated
as a TDR area and the formal implementation and the feasibility of instituting a TDR
programme has not been tested.
It is suggested that within an area where environmental, agricultural, historical or
cultural significance has been identified an opportunity for the application of a TDR
programme exists. The planning and implementation of a TDR programme within a
designated area provides an opportunity for integrated and sustainable
development to occur. Within a defined TDR area the parameters for development
capacities are agreed to upfront through negotiation between property owners,
approving authorities and interested and affected parties. Consequently the
possibilities of over or inappropriate development levels within the defined special
area are significantly reduced. It must be noted that TDR programmes are area specific and therefore should only be applicable in areas which are of significant
agricultural, environmental, historical, cultural and ecological value.
This thesis identifies a possible areawhere a TOR programme could be applied. It
was thought appropriate that the pilot area should be one which is environmentally
sensitive and where only limited development has been permitted. The Midmar
Area of Controlled Subdivision, situated north of Pietermaritzburg in the KwaZulu-Natal
Midlands provides an ideal opportunity where a TDR model could be
examined and developed.
In essence, this thesis defines TDR programmes and includes a brief investigation
into international application of TDR programmes. In particular, it examines the
application of a TDR programme at Lake Tahoe in the United States to illustrate the
possible levels of sophistication that such a programme may achieve. It outlines the
legislative framework in terms of which a TDR programme may be implemented for the study area.
An overview of the current situation of the Midmar Area of
Controlled Subdivision is presented which includes a summary of the attributes of
the area; the current development pressures it faces; and, planning initiatives
impacting on the Midmar Dam and its surrounds, all of which inform the study.
The thesis also examines how and whether the implementation of a TOR
programme could be successfully achieved. The study concludes that the Midmar
Area of Controlled Subdivison would form an ideal foil on which to test the
application of TOR programmes in KwaZulu-Natal. A set of recommendations which
would form the basis for the implementation of a TOR programme in the Midmar
Area of Controlled Subdivision is provided.
The thesis does not attempt to identify each individual parcel of land which should
be ascribed receiving or sending site status as this would require further in-depth
study by various specialists. / Thesis (M.Env.Dev.)-University of Natal, Pietermaritzburg, 2001.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:ukzn/oai:http://researchspace.ukzn.ac.za:10413/4577 |
| Date | January 2001 |
| Creators | Van Heerden, Kim. |
| Source Sets | South African National ETD Portal |
| Detected Language | English |
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