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Western Cape Granted Exemption From SPLUMA

January 28, 2020

Department of Agriculture, Rural Development and Land Reform

28 January 2020

The Western Cape has been granted an exemption from the provisions of section 43(2) of the Spatial Planning and Land Use Management Act.

The agriculture, rural development and land reform department published the exemption in Government Gazette 42972.

Section 43(2) stipulates that the conditional approval of a land development application lapses if a condition is not complied with within a period of five years from the date of approval, if no period for compliance is specified in the approval.

It also stipulates that the period for compliance cannot exceed five years.

According to the notice, the alternative provision stipulates that, for the Western Cape, the conditional approval of an application lapses if a condition is not complied with within a period of ten years from the date of approval.

The period for compliance also cannot exceed ten years.

In terms of applicable conditions, municipal councils must take a resolution to accept and implement the exemption and “regulate for the lapsing of rights and extension of validity periods in their respective by -laws on municipal land use planning as per the alternate provisions above”.

If a municipality in the Western Cape does not comply with the conditions, then the provisions of section 43(2) will remain applicable and enforceable in that municipality.