Stellenbosch Municipal Planning By-law comes into operation on 1 December 2015. This by-law will replace the Land Use Planning Ordinance, No 15 of 1985 (LUPO) and laws such as the Removal of Restrictions Act No 84 of 1967 (ROR).
The by-law will give effect to the municipal planning function allocated to municipalities in terms of Part B of Schedule 4 of the Constitution. It also gives effect to certain requirements set in the Spatial Planning and Land Use Management Act (SPLUMA) and the Western Cape Land Use Planning Act (LUPA), both of which come into operation on 1 December 2015.
LUPO has been repealed and replaced by the Stellenbosch Municipal Planning Bylaw from 1 December 2015.
Important Notice: Applications submitted prior to 1 December 2015 will still be processed in terms of the Land Use Planning Ordinance (Ordinance 15 of 1985) under which they were submitted.
All land use planning applications are made thus in terms of the By-law from 1 December 2015.
In 2010 Stellenbosch Municipality embarked on a process to prepare a new Integrated Stellenbosch Zoning Scheme (ISZS) in terms of the applicable planning legislation at that time which were the Land Use Planning Ordinance no 15 of 1985 (LUPO). This process culminated in the completion of a draft zoning scheme and zoning maps which were advertised for public comment, after which comments were received and incorporated.
However, since 2013 a new suite of national, provincial and municipal planning laws were promulgated, namely the Spatial Planning and Land Use Management Act, no 16 of 2013 (SPLUMA), the Western Cape Land Use Planning Act, no 3 of 2014 (LUPA) and the Municipal Planning By-law (October 2015). In terms of this new legislation (most notably LUPA), the Municipality must adopt a single zoning scheme for its entire municipal area within 5 years.
In October 2015 the municipality resumed the project to prepare a single zoning scheme for the municipal area. The new final draft Zoning By-law is hereby made available for public comment. It is based on previous drafts, extensive input from municipal and provincial departments, and is in accordance with the planning principles and processes as set out in the relevant legislation.
The new Stellenbosch Municipality Zoning Scheme By-law will replace the following older schemes:
Accordingly, in terms of Section 17 of the Local Government: Municipal Systems Act, Act 32 of 2000, the Stellenbosch Municipality invites all interested and affected parties (I&AP’s) to comment on the New Final Draft Stellenbosch Municipality Zoning Scheme By-law. Comments, recommendations and input must be submitted, in writing, no later than
1 March 2017.
People who cannot read or write, the disabled, or people from disadvantaged groups who are unable to submit written comments, may approach Jacques Jansen van Rensburg on Tel 021 808 8673 for assistance to have their comments or input recorded.
The report is available for viewing at: http://stellenbosch.gov.za/planning/by-law ; municipal libraries (Stellenbosch, Franchhoek, Pniel, Cloetesville, Ida’s Valley, Kayamandi, Klapmuts and Jamestown) and the Municipal Offices (Stellenbosch and Franschhoek).
OPEN DAY EXHIBIT
The public is also invited to an Open Day exhibition which will take place on 22 November 2016 at the Stellenbosch library between 16h00 and 19h00. The Open Day provides an opportunity for the public to attend a poster exhibition of the project, meet the team and ask questions of clarity before formulating their comment.
For more information contact Mr Jacques Jansen van Rensburg on the email above or on Tel 021 808 8673.
Acting Municipal Manager