Alignment of Development Authorisations in Compliance with Planning Law

The purpose of the project was to address the multiplicity of conflicting laws, parallel planning systems, tools & institutions that are impeding seamless implementation of the Spatial Planning and Land Use Management Act, (SPLUMA). Implementation of SPLUMA is often impeded by, inter-alia, inadequate coordination of efforts across the three spheres of government created by the continued existence and operation of multiple land use management (and related laws) at national, provincial and local government levels. A major challenge is that the three spheres of government share one space in which to execute their assigned planning functions. Alignment of authorizations is a matter that sits on a shared and overlapping platform of land use management, occupied by different institutions and legal mandates. Land use management is a contested arena occupied by a plurality of actors across different operationally independent policy sectors. Compounding this is the dynamic and often complicated interaction between the horizontal axes of land use management that is intersected by the vertical complexity of activities across the different spheres of government. Thus, land use management is not restricted to the operations between and across the three spheres of government, but it extends to sectors within each separate sphere. Different sectors and departments of the same sphere deal with different aspects of planning specifically related to their mandates.

Cooperative Governance is at the heart of aligned authorisations processes:

Development of Policy, Bill & Regulations for Spatial Planning & Land Use Management for Limpopo Province

KENA was retained by Office of the Premier Limpopo Province to help in the development of a Spatial Planning & Land Use Management Policy, Bill & accompanying Regulations for the Province. The objectives were among others, the following

  • Identification of key issues that need attention in the development of the Policy & Bill on SPLUM
  • Proposals on how best to address the identified issues
  • Conducting historical & comparative research on issues that will inform a robust & detailed Policy & Bill
  • Determining areas requiring differentiated approaches in the application of the Policy & Bill
  • Developing Regulations to ensure that the Policy & Bill are implementable, and
  • Ensuring Policy & Bill are consistent with SPLUMA & the Constitution.

Review of the Planning Profession Act No. 36 Of 2002 & The Development of Compliance & Monitoring Framework.

The purpose of the project was to ensure a legally sound review of the Planning Profession Act (PPA) in order to assist in the regulation of the planning profession, to promote & protect the interests of the public in relation to planning & to ensure the planning profession remains relevant.