Diploma in Urban and Regional Planning

National Diploma in Town and Regional Planning

Diploma in Urban and Regional Planning

Planning Law (PLL200S/PLL260)

(Tutorial Letter 6/2023)
Scope for the November Final Summative Assessment (FSA)

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 Diploma in Urban and Regional Planning

1. PURPOSE OF TUTORIAL LETTER

The purpose of this tutorial letter is to delineate the scope of the upcoming FSA. The FSA will comprise of
short questions similar to those provided hereunder.

Please Note: The lecturer reserves himself the right to deviate from this scope during the test/examination
without prior notice or consultation with students. To score excellent marks students are at all times
encouraged to extend their preparation for the examination beyond the outlines provided in this scope.

Best wishes with the upcoming FSA.

2. POSSIBLE SHORT ESSAY QUESTIONS

STUDY UNIT 3: THE ROLE OF GOVERNMENT IN PLANNING

1. The Integrated Relations Framework Act 13 of 2005 (IGRFA) provides for structures and [3x1]
mechanism to promote and facilitate intergovernmental relations and to the President’s
Co-ordinating Council and intergovernmental forums to settle disputes. What are these
structures and mechanisms provided by the Act?
2. Define the following terms: (1) devolution of power; (2) assigning of powers, and (3) [3x2]
delegation of powers.
3. National legislative authority is vested in Parliament and confers on the National [4x1]
Assembly the power to: amend the Constitution; and pass legislation on any area in
functional area listed in Schedule 4 (“Areas of Concurrent National and Provincial
Legislative Competence”), excluding a matter within a functional area listed in Schedule
5 (“Areas of Exclusive Provincial Legislative Competence”). The exclusion is subject to
the provision that parliament may pass legislation about a matter falling within a functional
area in Schedule 5 when it is necessary to: List four such reasons.
4. According to the South African Constitution, provincial planning is an area of exclusive [4x1]
provincial legislative Competence. Under what circumstances may national government
override this provision?
5. Explain how the Local Government: Municipal Structures Act 117 of 1998 has contributed [4x1]
to planning in South Africa.
6. The Local Government Transition Act 209 of 1993 (LGTA) was negotiated at the Local [3x2]
Government Negotiating Forum. This Act, which aimed to provide revised interim
measures with a view to restructuring local government in a coordinated and coherent
manner. One of its main aims was the implementation of a new three-phase system of
local government. Describe the three phases.
7. Name the municipality with exclusive municipal executive and legislative authority in its [2x1]
area of jurisdiction. Distinguish between the choice of executive systems.
8. Each municipality must establish a municipal planning tribunal (MPT) to determine land- [3x1]
use and development applications within its area. Three options that largely mirror the
different categories of municipalities exist regarding the establishment of a tribunal. Name
each of these.
9. A tribunal must consider and determine all applications lawfully referred or submitted to [3x1]
it. What powers does the MPT have?
10. SPLUMA provides that appeals may be lodged against decisions of a municipal planning
tribunal. In view of the above answer the following questions:
10.1 At local government level, who is the appeal authority? [1x1]
10.2 The power to hear appeals may also be delegated by the body entrusted with that [4x1]
power to a political office holder or an official in the employ or service of the
relevant sphere of government. In terms of the regulations who else can act as
the appeal authority?
11. A person whose rights are affected by a decision of a tribunal may appeal against that [3x1]
decision by giving written notice of the appeal and reasons to the municipal manager
within 21 days of the date of notification of the decision. Which persons may appeal
against a decision of the MPT?
12. An appeal authority may conduct a hearing by one of two ways. Describe each of these. [2x2]

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13. After considering the decision of the municipal planning tribunal or authorised official, the [3x1]
appeal authority may act in any one of three ways. List these.

STUDY UNIT 4: THE PARTICIPATION OF NEIGHBOURS IN THE PLANNING PROCESS

1. Describe the FOUR positions of neighbours relevant to planning. [4x1]

2. Public participation in planning can be defined as “the right of all members to be actively [6x1]
involved in the planning process, which affects them.” Analyse this definition through a
brief description of its various elements.
3. Illustrate how public power increases with each rung according to Arnstein’s ladder. [12x1]
4. Name the THREE constitutional values that public participation responds to. [3x1]
5. Explain the difference between informal (extra-judicial) and formal (judicial) methods of [2x2]
public participation. Provide examples of each.
6. Study the Municipal Planning Bylaw, 2015 of the City of Cape Town and answer the [2x1]
following questions regarding advertising:
6.1 In terms of which provision are neighbours made aware of a new development [2x1]
application?
6.2 How can groups of people object to a land use application? [2x1]

STUDY UNIT 5: SPATIAL PLANNING IN SOUTH AFRICA

1. Define the term ‘integrated development planning’. [2x1]

2. How was the Integrated Development Plan (IDP) first introduced to planning, and what [3x1]
was its initial purpose?
3. The Municipal Systems Act 32 of 2000 took IDPs further and provides that municipalities [2x2]
must take undertake developmentally oriented planning to ensure that the objects of
local government and its development duties as set out in the Constitution are achieved.
What duties was it tasked with, and how did it affect local government?
4. Describe the process for the adoption of an IDP.
5. What are the different categories of spatial plans catered for by SPLUMA? [3x1]
6. Explain the legal effect of your Provincial Spatial Development Framework as [3x2]
contemplated in terms of Section 17 of the Spatial Planning and Land Use Management
Act 16 of 2013.
7. How do the Spatial Planning and Land Use Management Act 16 of 2013 suggest that [3x2]
local authorities deal with land development that is inconsistent with the Spatial
Development Framework?
8. Describe a provincial spatial development framework as contemplated by Section 4 of [7x1]
the Western Cape Land Use Planning Act 3 of 2014 in terms of its purpose and content.
9. Spatial planning is covered in Chapter 3 of the City of Cape Town Municipal Planning
By-Law of 2015 (MPBL). Answer the following questions:
9.1 What are the different types of spatial plans provided for by the MPBL? [3x1]
9.2 In terms of Section 3(3), what are the stated purposes of the City’s spatial [7x1]
development frameworks?

STUDY UNIT 6: LAND USE MANAGEMENT IN SOUTH AFRICA

1. Explain the essence of development control and how it is effected. [2x1]

2. Distinguish between the concepts zoning when used as either a noun or as a verb. [2x2]
3. The character of an area includes ‘amenity’. Discuss this concept with reference to the
following:
3.1 What is meant by the term amenity? [2x1]
3.2 How is the term applied in planning? [2x1]
3.3. How amenity can be identified. [3x1]
4. Land use management is dealt with in Chapter 5 of The Spatial Planning and Land Use [7x1]
Management Act 16 of 2013. A municipality must adopt and approve a single land use
scheme for its entire area within five years from the commencement of this Act. What
are the elements which such a scheme must include?
5. Discuss the different features of zoning as determined by Section 25 of SPLUMA [3x2]
6. Describe the three different elements of a land use scheme as determined by Section [3x1]
26 of SPLUMA.

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7. Explain what is meant by the alignment of authorisations as provided for in terms of [5x1]
Section 30 of SPLUMA
8. In terms of Section 34 of the Western Cape Land Use Planning Act, 2014, when [5x1]
determining a zoning or a deemed zoning, what are the factors that a municipality must
give consideration too?
9. According to Section 26 (1) of the City of Cape Town Municipal Planning By-Law, 2015, [4x1]
what is the purpose of the development management scheme?
10. Section 44(2)-(3) of the City of Cape Town Municipal Planning By-Law, 2015 makes [2x1]
provision for rezoning to subdivisional area. Explain this concept.
11. When confronted with a decision that could lead to a change in land use, the City of
Cape Town: Municipal Planning By-law, 2015, have certain minimum threshold and
desirability requirements. Given the above statement, answer the following questions:
11.1 Explain the minimum threshold requirements that would apply in the case of an [3x1]
application for land-use change.
11.2 List the other relevant factors that may require consideration when considering [7x1]
an application for land-use change.
12. In terms of Section 40 of Western Cape LUPA when a municipality approves a land use [9x1]
application it may do so subject to any conditions, which are either reasonable or which
arise from the approval of the proposed utilisation of land. What areas would such
conditions typically cover?

STUDY UNIT 7: THE REMOVAL OF RESTRICTIVE CONDITIONS

1. Explain why restrictive title deed conditions exist. [2x2]

2. The consultant planner is required to apply for the removal of restrictive conditions. The [8x1]
City informs you that the application must be motivated in terms of Section 48(4) of the
Municipal Planning By-law while having regard for Section 39(5) of WC: LUPA and
Section 47 of SPLUMA. Describe the factors that the motivation must consider.

STUDY UNIT 8: LAND DEVELOPMENT MANAGEMENT IN SOUTH AFRICA

1. Explain what is meant by the concept of “township establishment”. [3x2]

2. The conditions of establishment must be drafted with reference to a wide range of [6x1]
prescribed matters. List six such important matters.
3. Explain what is meant by the concept of ‘development endowment’. Why they are [3x2]
necessary, and what forms do they take?
4. How can two or more erven or pieces of land be joined together into a single unit of land? [1x1]
5. A property owner developing his property for the purpose of a shop has indicated that [2x1]
he can only provide for the shortfall in parking on a non-contiguous erf situated 50 metres
away from the subject property. Council wants to ensure that the property envisaged for
parking is indefinitely tied to the subject property. How do you propose to the Council
they should proceed with this consolidation of the two properties?
6. According SPLUMA, a municipality must, in compliance with section 35(3) of the Act,
categorise applications as Category 1 and Category 2 land development applications
(Section 52(1)). Distinguish between the different types of applications.
7. Describe the provision for subdivisions as required in terms of Section 36(4) of the [4x1]
Western Cape Land Use Planning Act 2014
8. In terms of Section 36(6) of the Western Cape Land Use Planning Act 2014 a [3x1]
municipality, when approving a rezoning for the purpose that includes a subdivision it
must impose certain conditions. List these.
9. Sections 42 (d) and (e) of the City of Cape Town Municipal Planning Bylaw 2015 make [2x1]
provision for two different types of subdivisions. Distinguish between each of these.
10. According to Section 52(4) of the City of Cape Town Municipal Planning Bylaw 2015 [2x2]
what are the requirements for the approval of phased subdivisions?
11. Section 68(2) of the City of Cape Town: Municipal Planning Bylaw of 2015 determines
that if the city identifies a need for the establishment of emergency housing on land which
is not zoned for such purpose, the City may approve the commencement of a process
to declare the land to be an “emergency housing site”. Given the above statement,
answer the following questions:

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11.1 Define the term “emergency housing”. [2]

11.2 Explain under what circumstance a municipality may declare land an emergency [2]
housing site.
11.3 Describe the procedures for the establishment of an emergency housing project. [4]

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