1. PARALLEL PLANNING MECHANISMS AS A "RECIPE FOR DISASTER".
- Author
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Van Wyk, J.
- Subjects
- *
PLANNING , *REAL estate development laws , *DELEGATED legislation , *MUNICIPAL ordinances , *APPELLATE courts , *DECISION making , *MUNICIPAL government , *CITIES & towns - Abstract
The article focuses on the issue of planning for township establishment in South Africa. It explores the Development Facilitation Act (DFA) 67 of 1995 which allows the developers to apply for permission from provincial development tribunals to establish land development areas, with dependence on chapters V and VI of the DFA. However, applying for DFA and Ordinance procedures in parallel was being criticized because it causes headaches for municipal planning departments where the developments are located. It highlights the decision of the Supreme Court of Appeal (SCA) in the City of Johannesburg Metropolitan Municipality v Gauteng Development Tribunal case which declared the invalidity of chapters V and VI of the DFA. It also emphasizes the consequences of the decision of SCA.
- Published
- 2010
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