eThekwini Planning and Land Use Management By-law, 2016.

This By-law of the city of eThekwini (Durban) concerns municipal spatial planning and development of the city area and requires the municipality to act in accordance with the Spatial Land Use and Management Act, 2013. The objects of this By-law are to– provide for a package of plans which shall inform the social, economic, environmental and infrastructural development in the Municipality; provide a uniform, effective, comprehensive, and interrelated framework for spatial planning and land use management; provide for the inclusive, developmental, equitable and efficient planning in the spirit of co-operative governance; provide a framework for co-operative and cross-border relationships with all spheres of Government and to ensure the integration of planning between the Municipality and neighbouring Municipalities; provide a framework for policies, principles, norms and standards for spatial development planning and land use management; provide a framework for the monitoring, coordination and review of the spatial planning and land use management system; regulate land development application and decision-making procedures; provide for the establishment, functions and operations of the Tribunal; provide for facilitation and enforcement of land use and development measures; provide for an appeal authority; and provide penalties for breach of its provisions.
The Development Planning Unit of the Municipality must prepare all plans forming part of the Municipal Spatial Development Framework. The Municipal Council must, after public consultation, adopt a land use scheme for its entire area in accordance with the Act. This shall be done with the participation of a Traditional Authority. The scheme shall take into account, among other things, any environmental management instrument adopted by the relevant environmental management authority and any land allocation rules set by a Traditional Authority in the area concerned. The Municipality may conclude a service level agreement with a Traditional Authority with regards to processing of land development applications. Land shall be allocated in accordance with specified criteria. The By-law also concerns authorisations required for development. "Authorisation" means any authorisation or authorisations required in terms of applicable legislation issued by an organ of state which must be lodged with a land development application, including but not limited to– a Record of Decision pursuant to an Environment Impact Assessment issued in terms of the National Environmental Management Act, 1998 (Act No. 107 of 1998); a Water Use Licence issued in terms of the National Water Act, 1998 ( Act No. 36 of 1998); or any authority which has been issued in terms of the Subdivision of Agricultural Land Act, 1970. The By-law establishes a Municipal Planning Tribunal and provides for appeals. Certain application must be considered and decided by the Tribunal. The approval of a land development application for township establishment may be subject to specified conditions of establishment.