Delegation in the land use planning ordinance

Abstract

The assertion that the Land Use Planning Ordinance of the Cape Provincial Administration is delegated to and carried out by local authorities is being investigated. It also analyzes the powers granted (and those not granted) and under which conditions such powers can be exercised. Following an analysis of the current system, suggestions for possible improvements are made. It appears that Provincial advantages of delegation and devolution are used as important arguments in support of the new Ordinance, but that the Ordinance does not convey any important powers, as generally understood by "devolution." True devolution would involve licensing to local authorities to decide on how and where spatial development should occur within its area of ??jurisdiction. The delegated powers are not really planning, but mainly developmental functions. The legislation also has certain gaps that restrict the exercise of some of the delegated powers. The ways in which development control is delegated shows gaps that are likely to affect both the public and private sectors. To be an effective planning institution, in keeping with the needs of the local community, a local authority must be able to make decisions and to pass through what will be in the physical, social and economic needs of all residents. provided.