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South Scheme of Ethekwini Municipality

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South Scheme of Ethekwini Municipality SOUTH SCHEME OF ETHEKWINI MUNICIPALITY ADOPTION DATE: 26 SEPTEMBER 2012 EFFECTIVE DATE: 25 OCTOBER 2012 REVIEW DATE: SCHEME PROFILE SECTION 1: GENERAL 1.1 Title 1.2 Responsible Authority 1.3 Reference to a Map 1.4 Purpose of the Scheme 1.5 Area of the Scheme 1.6 Effective Date 1.7 Amendments to the Scheme 1.8 Inspection of the Scheme 1.9 Status of a Scheme 1.10 Reservation of Land 1.11 Use of Land and Buildings 1.12 Existing Use Rights 1.13 Exemptions 1.14 Declaring, Closing or Diverting of Streets 1.15 Applications 1.16 Powers of Entry and Inspection 1.17 Serving of Notices 1.18 Enforcement 1.19 Signage, Hoarding and Advertisements 1.20 Durban Metropolitan Open Space System Controlled Area 1.21 Consolidation of Land 1.22 Subdivision of Land 1.23 Rezoning of Land 1.24 Relaxation – Space about Building 1.25 Special Consent 1.26 Title Deed Conditions SECTION 2: DEFINITIONS 2.1 General Definitions 2.2 Land Use definitions SECTION 3: SPACE ABOUT BUILDINGS 3.1 Building Lines 3.2 Side and Rear Spaces SECTION 4:ERF CONTROL 4.1 Minimum Erf Sizes 4.2 Minimum Frontage Requirements SECTION 5: FLOOR AREA, COVERAGE AND HEIGHT 5.1 Floor Area 5.2 Coverage 5.3 Height SECTION 6: RESERVATION OF LAND 6.1 Reservation of Land SECTION 7: DEVELOPMENT FACILATION TABLE Land Use, Zone and Development Parameters Zone: Intention of the Zone, Map Reference, Colour Notation, Primary Use, Special Consent and Precluded Uses. Development Parameters: Space about buildings, Density, Minimum Erf Size, Height, Coverage, Floor Area Ratio and Additional Controls. SECTION 8: PARKING AND LOADING 8.1 Parking and Loading. SECTION 9: DEVELOPMENT STANDARDS 9.1 Base Telecommunications Transmission Stations (Cellular Masts and Antennae). 9.2 Design of Fuelling and Service Stations. 9.3 Design of Mobile Home Parks. 9.4 Gaming/Gambling Establishments 9.5 Durban Metropolitan Open Space System Controlled Area. SECTION 10: LIST OF SCHEME AMENDMENTS 10.1 List of Amendments SECTION 1: GENERAL 1.1. TITLE (i) This scheme is known as the South Scheme of the Municipality which consists of the following districts: - Clansthal, Widenham, Umkomaas, Craigieburn, Kingsburgh, Lower Illovo, Amanzimtoti, Isipingo and Umbogintwini. (ii) Annexure A of the South Scheme refers all Erven developed in terms of the KwaZulu Land Affairs Act, 1992, as amended. (iii) Annexure B of the South Scheme refers all Erven developed in terms of the Less Formal Township Establishment Act, 1991 (Act 113 of 1991). 1.2. RESPONSIBLE AUTHORITY The Municipality shall be the only authority responsible for enforcing and carrying into effect the provisions of the Scheme. 1.3. REFERENCE TO A MAP The Scheme Map comprises of a series of maps reflecting all the districts within the South Region including the overlay mapping of Durban Metropolitan Open Space System Controlled Area. 1.4. PURPOSE OF THE SCHEME 1.4.1. The South Scheme and Scheme Maps form part of the Land Use Management System that applies to all Erven within the boundary of the Municipality (Southern Region) over which a scheme has been put in place. 1.4.2. The purpose of the Scheme is to: i) enable the comprehensive management of all Erven(both private and public sector)within the Municipality over which a scheme has been put in place; and ii) promote and implement the applicable planning and development legislation and principles as adopted by the relevant National, Provincial and Municipal Spheres of Government from time to time; and iii) promote and implement the Vision and Strategies of the Integrated Development Plan in the realisation of quality environments; and iv) manage land-use rights, to provide for facilitation over use rights, to manage urban growth and development, and to manage conservation of the natural environment, in order to: (a) Achieve co-ordinated and harmonious development in a way that will efficiently promote public safety, health, order, convenience and to protect the general welfare of the inhabitants of the Municipality; (b) Promote integrated and sustainable development through-out the area of jurisdiction; (c) Promote sustainable environmental management, conserve and protect environmentally sensitive areas; (d) Promote all forms of development and growth through sound Planning principles that would support a mix of land-uses managed in an appropriate manner. 1.4.3. Any application submitted prior to the adoption of this Scheme shall be assessed and finalised under the provisions of such former Scheme regulations, except if the applicant has in writing informed the Municipality that he / she withdraws such application. 1.4.4. Where the lawful utilization of land at the commencement of this Scheme does not comply with the zones of this Scheme, including the approval of an application under 1.4.3.above, the utilization shall be deemed not to constitute an offence. 1.4.5 If any provision in this Scheme is deemed invalid by any court of law, such provision shall be severed from this Scheme, but shall not affect the validity of the remaining provisions. 1.5. AREA OFTHE SCHEME The South Scheme applies to all Erven within the jurisdiction of the Southern Region of the Municipality as shown on the associated Scheme Maps referenced SS/05/2012. 1.6 EFFECTIVE DATE The effective date of this scheme is the 25 October 2012. 1.7. AMENDMENT TO THE SCHEME The Municipality shall comply with the provisions as set out in the KwaZulu – Natal Planning and Development Act, 2008(Act No.06 of 2008) read in conjunction with the Spatial Planning Land Use Management Act, 2013, (Act No.13 of 2013) or any subsequent replacement legislation 1.8. INSPECTION OF THE SCHEME 1.8.1. The Scheme (Regulations and Map) are public documents and open for inspection by the general public at any reasonable time. 1.8.2. A register of all applications and decisions on the Scheme Regulations and Maps shall be kept and shall be available for inspection by any person or persons at any reasonable time. 1.9. STATUS OF SCHEME 1.9.1. A scheme is binding on the Municipality, all other persons and organs of state, except in the event of a conflict with the provisions of an Integrated Development Plan that was adopted prior to the scheme or amendment to the scheme. 1.9.2. The provisions of the Integrated Development Plan will prevail over the provisions of a scheme in the event of a conflict with the provisions of an integrated plan that was adopted prior to the scheme or amendment to the scheme. 1.9.3. The provisions of a scheme that were adopted prior to the adoption of an integrated development plan prevail in the event of a conflict with the provisions of the integrated development plan. 1.9.4. A municipality may not approve a proposal to subdivide or consolidate land that is in conflict with the provisions of a scheme. 1.9.5. An approval to subdivide or consolidate land that is in conflict with the provisions of a scheme is invalid. 1.9.6. Any part of a scheme that applied to land that has been incorporated into another municipality in the Province as a result of the redetermination of a municipality boundary by the demarcation board in terms of the local government; municipal demarcation Act, 1998 (Act No. 27 of 1998), must be treated as a scheme of the receiving municipality. 1.9.7. This scheme replaces all town planning schemes within the area to which it applies. The legal status of an existing building or structure that has been lawfully erected before the effective date of the adoption, replacement or amendment of a scheme in terms of Section 16 of the KwaZulu – Natal Planning and Development Act, 2008(Act No.06 of 2008) read in conjunction with the Spatial Planning Land Use Management Act, 2013, (Act No.13 of 2013) or any subsequent replacement legislation is not affected by the adoption, replacement or amendment of the scheme. 1.9.8. Land that was being used lawfully before the effective date for the adoption, replacement or amendment of a scheme contemplated in Chapter1, Section 16 of the KwaZulu – Natal Planning and Development Act, 2008(Act No.06 of 2008) read in conjunction with the Spatial Planning Land Use Management Act, 2013, (Act No.13 of 2013) or any subsequent replacement legislation for a purpose that does not conform to the scheme, may continue to be used for that purpose. 1.9.9. Any extension to buildings or structures on land contemplated in this sub- section must comply with the scheme. 1.10. RESERVATION OF LAND 1.10.1. The areas of land shown on the Scheme Map and listed in Section 6: Reservation of Land, of this scheme, is reserved for the purposes indicated. They shall not be used for any purpose which would conflict with the use for which they have been reserved, save that any such land may continue to be used for the purpose for which it was used on the effective date. Any land which is reserved in favour of the Municipality is subject to the requirements of the applicable legislation. 1.10.2.Where reservations for purposes such as public open space, road, National, Provincial and Local Government, railway or essential services appear on an Erf, no person shall erect a building or execute any other work on the reserved land save with the Special Consent of the Municipality after approval by the Organ of State concerned; provided that any existing land use or existing building may continue until such time as the Municipality has acquired and transferred ownership of the land in terms of the provisions of the Local Authorities Ordinance or any other relevant legislation.
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