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Western Cape Seeks Exemption on Land Use Rights

June 6, 2019

Department of Rural Development and Land Reform

6 June 2019

The Western Cape province has applied for exemption in terms of Section 55 of the Spatial Planning and Land Use Management Act of 2013.

The rural development and land reform department published notice of the application in Government Gazette 42510.

The application seeks exemption from the provisions of Section 43(2) in terms of section 55(1) of the act for the geographic area of the Western Cape province.

Section 43(2) stipulates that a conditional approval of a land use application applies for five years.

The application for exemption emanates from the Western Cape Department of Local Government, Environmental Affairs and Development Planning.

It seeks to allow municipalities in the Western Cape to extend validity periods of development rights.

Reasons for the application for exemption include that development projects (small, medium and large and regardless of the scale and type of land use application) within the Western Cape may be at risk and may not be able to comply with Section 43(2), municipalities and developers would be reluctant to invest in large infrastructure and land development projects if development rights cannot be secured for periods longer than five years on approval or at least have the possibility of extensions to validity periods being granted and that the abandonment of infrastructure projects due to the lapsing of land use rights is undesirable.

The proposed alternative procedure is that the exemption would be valid in the area of a municipality only if the municipal council has resolved to accept and implement the exemption and the municipality has included the lapsing of rights and extension of validity periods in its by-laws on municipal land use planning.

In cases where municipal council resolutions have not been obtained, the provisions of Section 43(2) will remain applicable and enforceable in the area of that municipality.

Objections or representations on the application for exemption are invited within 60 days of the date of publication.