Municipal Planning By-law, 2016.

This By-law of the city of Johannesburg concerns spatial development of the city area and regulates development matters such as water infrastructure, development authorisations, environmental protection, subdivisions or consolidations of land, establishment of townships, and zoning. It also requires the city council to establish a Planning Tribunal for its municipal area. The Municipal Planning Tribunal shall decide applications referred to it as per the Municipal Planning Tribunal’s approved terms of reference, the provisions of the Spatial Planning and Land Use Management Act, 2013 (SPLUMA) and this By-law. The City shall adopt and approve, after public consultation, a single land use scheme for its entire area of jurisdiction. Such scheme shall, among other things, take cognisance of any environmental management instrument adopted by the relevant environmental management authority, and must comply with environmental legislation. The City has a duty to enforce the provisions of its land use scheme and any use of land which is deemed contrary to such land use scheme shall constitute a criminal offence. The City may adopt a By-law aimed at enforcing the provisions of its land use scheme. The City must also adopt and approve a municipal spatial development framework for the municipality. The framework shall include a strategic assessment of the environmental pressures and opportunities within the City’s area of jurisdiction, including the spatial location of environmental sensitivities and high potential agricultural land.
An owner of land may submit a consent use application in terms of this By-law and as provided for in the City’s land use scheme to use the land or site or any building on the land or site for a particular purpose. An owner of land who wishes to establish a township on its land which falls within the jurisdiction of the City may submit an application in terms of this Bylaw to the City for consideration. A township must be established on any farm portion or agricultural holding where the land concerned is to be used, developed or subdivided mainly for residential, business, commercial, industrial, institutional, educational or other similar purposes as defined in the applicable land use scheme, excluding agricultural, open space or nature conservation purposes. An agricultural holding may be separated as a result of a township establishment application. Subdivision of any other land than of an erf/erven in an approved township may be subject to conditions of the City. Every township approved in terms of the provisions of this By-law shall be provided with such engineering services as the City deem necessary for the proper development of the township.
In the event of a conflict between SPLUMA and its Regulations, any Provincial Act dealing with spatial planning and land use management and any regulations issued in terms thereof and the provisions of this By-law, the provisions of this By-law shall prevail to the extent that the provisions of this By-law give effect to “municipal planning” as a local government matter as per Part B of Schedule 4 of the Constitution.