The following principles apply to spatial planning, land development and land use management:
| (a) |
The principle of spatial justice, whereby— |
| (i) |
past spatial and other development imbalances must be redressed through improved access to and use of land; |
| (ii) |
spatial development frameworks and policies at all spheres of government must address the inclusion of persons and areas that were previously excluded, with an emphasis on informal settlements, former homeland areas and areas characterised by widespread poverty and deprivation; |
| (iii) |
spatial planning mechanisms, including land use schemes, must incorporate provisions that enable redress in access to land by disadvantaged communities and persons; |
| (iv) |
land use management systems must include all areas of a municipality and specifically include provisions that are flexible and appropriate for the management of disadvantaged areas, informal settlements and former homeland areas; |
| (vi) |
a Municipal Planning Tribunal considering an application before it, may not be impeded or restricted in the exercise of its discretion solely on the ground that the value of land or property is affected by the outcome of the application; |
| (b) |
the principle of spatial sustainability, whereby spatial planning and land use management systems must— |
| (i) |
promote land development that is within the fiscal, institutional and administrative means of the Republic; |
| (ii) |
ensure that special consideration is given to the protection of prime and unique agricultural land; |
| (iii) |
uphold consistency of land use measures in accordance with environmental management instruments; |
| (iv) |
promote and stimulate the effective and equitable functioning of land markets; |
| (v) |
consider all current and future costs to all parties for the provision of infrastructure and social services in land developments; |
| (vi) |
promote land development in locations that are sustainable and limit urban sprawl; and |
| (vii) |
result in communities that are viable; |
| (c) |
the principle of efficiency, whereby— |
| (i) |
land development optimises the use of existing resources and infrastructure; |
| (ii) |
decision-making procedures are designed to minimise negative financial, social, economic or environmental impacts; and |
| (iii) |
development application procedures are efficient and streamlined and timeframes are adhered to by all parties; |
| (d) |
the principle of spatial resilience, whereby flexibility in spatial plans, policies and land use management systems are accommodated to ensure sustainable livelihoods in communities most likely to suffer the impacts of economic and environmental shocks; and |
| (e) |
the principle of good administration, whereby— |
| (i) |
all spheres of government ensure an integrated approach to land use and land development that is guided by the spatial planning and land use management systems as embodied in this Act; |
| (ii) |
all government departments must provide their sector inputs and comply with any other prescribed requirements during the preparation or amendment of spatial development frameworks; |
| (iii) |
the requirements of any law relating to land development and land use are met timeously; |
| (iv) |
the preparation and amendment of spatial plans, policies, land use schemes as well as procedures for development applications, include transparent processes of public participation that afford all parties the opportunity to provide inputs on matters affecting them; and |
| (v) |
policies, legislation and procedures must be clearly set in order to inform and empower members of the public. |
Statistics Act, 1999
