ASSIGNMENT 2

(PLL260S/PLL200S)

SECTION A:
SHORT ANSWER QUESTIONS ANSWER SHEET

INSTRUCTIONS:

1) Answer these questions on the provided answer sheet.

2) You may not type your written answers outside the blue areas.
3) You may not alter this answer sheet in any way using electronic means. Should you
experience any problems filling out this template, email you lecturer
immediately.
4) Use the guidelines for answering short essay-type questions in the learner guide.
5) Use the marks allocation in the far right column to decide the length of your answer.
6) Save the final answer to a PDF format and upload it in the slot provided on
Blackboard.
7) Where one word/one phrase is required, the answer will be marked wrong when
lengthy answers/ paragraphs are provided.
8) Sequential answers must follow logically on one another. For example, in the case of
TRUE or FALSE questions, the EXPLANATION must support your PREMISE (T/F).
9) Answers directly copied and pasted from the study guide will receive ZERO marks.
Answers must directly answer the question and must be as succinct as possible.

CLOSING DATE: WEDNESDAY, 26 OCTOBER 2022

STUDENT DETAILS
INITIALS & SURNAME LADONA DIPLOMA Diploma in Urban and Regional
Planning
STUDENT NUMBER 217020852 MODULE NAME AND Planning Law (PLL260S)
CODE
LEVEL OF STUDY 2st Year ASSIGNMENT 26 October 2022
CLOSING DATE
QUESTION 1

1.1 Who may decide (receive and dispose of) land development applications in the [3x1]
municipality? Motivate your answer using the Bylaw.

Authority 1:
Land development officer

Authority 2: Municipal planning Tribunal

Motivation: 3: Section 115(2c), municipal Bylaw 2015, explains that these are officials who are
authorized because of their knowledge and understanding of spatial planning, land
use management, and law related to work for a municipality

1.2 According to SPLUMA, any planning decision in Council may be challenged. What [4x1]
options are available to councils who want to afford applicants or objectors any opportunity
to challenge land development decisions?

1.3 An appeal authority may conduct a hearing in person [TRUE/FALSE]. Motivate your [2x1]
answer.

TRUE
FALSE
Motivation: True, because he/she is the one who will be in charge of the judicial

1.4 A public member is enquiring about his right to be informed of land development
applications in his neighbourhood. Assist the resident by answering the following
questions:

1.4.1 If the neighbour wants to rezone his property for business, will he be informed [2x1] of the
applicant? [YES/NO]. Explain your answer.

YES
NO
Motivation:

1.4.2 Can a number of them, acting as a group, collectively express their objections [2x1] to the
rezoning application?
 [2x1]

1.5 Which year did the Integrated Development Plan (IDP) first appear in the South [2x1] African
statutory environment? Explain your answer.

1.6 What is the role of the IDP’s in planning?

1.7 A developer purchases a piece of farmland and notices that the provincial spatial [2x2]
development framework designates the land parcel for commercial use. The developer
approaches Council to enquire if he may proceed to submit a building for the approval of a
shopping centre (since it is a commercial activity). Advise the landowner on his rights.
Explain your answer.

1.8 The Provincial Cabinet must adopt, review and may amend a provincial and regional [2X1]
spatial development framework. [TRUE/FALSE]. Motivate your answer.

TRUE

FALSE

Motivation:

1.9 The City of Cape Town: Municipal Planning Bylaw 2015 allows for the amendment [4x1] of the
Municipal Spatial Development Framework. Describe how this process will proceed.

SUB-TOTAL [27]

QUESTION 2

2.1 The Constitution gives zoning its legitimacy. [TRUE/FALSE] Explain your answer. [3x1]

TRUE
FALSE

Motivation:
 [2x1]

2.2 Since SPLUMA has mandated zoning for all land in South Africa, it compels the
development of the land in accordance with the zoning designation thereof.
[TRUE/FALSE] Explain your answer.

TRUE
FALSE
Motivation:

2.3 An owner of a Single Residential property wants to develop his property for the [2x1] purpose
of four flats. A Single Residential property “only allows for two dwelling units”. After
consideration of the application, it is noted that flats are only permitted in a General
Residential Zone. The planner soon realises that should Council approve the rezoning to
General Residential, this may negatively impact the area's residential character. What is a
better option if the planner wants to support the building plan in its current form?

2.4 Name the THREE basic components that make up a land use scheme. [3x1]

2.5 According to SPLUMA, a municipality may review its land use scheme at least every [1x1]
[FIVE/TEN] years.

FIVE
TEN

2.6 According to SPLUMA a municipality may amend its land-use scheme by rezoning [1x1] any
land considered necessary to achieve the development goals and objectives of the MSDF
[TRUE/FALSE].

TRUE
FALSE

2.7 According to SPLUMA, approval for a rezoning and approval in terms of the National [1x1]
Environmental Management Act 107 of 1998 issued jointly is referred to as a …..

2.8 A zoning designation must follow cadastral boundaries [TRUE/FALSE]. [1x1]

TRUE
FALSE

2.9 Use rights vest in the land and not the owners [TRUE/FALSE]. [1x1]
 TRUE
FALSE

2.10 Explain what could happen to an applicant if a condition for the approval of a temporary
departure is not complied with or is contravened.

3.2 Plans that affect rights in land are [1x1]

3.3 Under what conditions can the removal of a restrictive condition be considered[4x1]
arbitrary. Explain your answer.

2.11 Which One of the [1X

following types of 1]
applications does not require the services of a registered planner?

Sub-total [18
]
QUESTION 3

3.1 Explain what is meant when they say that a “title deed restriction is
deemed a reciprocal servitude”. [2x
1]

3.4 On township establishment, conditions of approval may be imposed. [3x

Name THREE opportunities available to the Council for the imposition 1]
of such conditions.
 [2x1]

3.5 Explain what is meant by the term “exaction”. [2x

1]

3.6 How can two or more non-continuous erven or pieces of land be joined [2x
into a single unit of land? 1]

3.7 What will happen to the roads once a development is complete? [1x1]

Sub-total [15]