New Beginnings: SPLUMA and LUPA
Western Cape Land Use Planning Act of 2014 (link to be provided
The Spatial Planning and Land Use Management Act of 2013 (SPLUMA) and Western Cape Land Use Planning Act of 2014 (LUPA) both came into operation on 1 July 2015. From a development law point of view, what do these two pieces of legislation look like and how do they link up? In this first of a three-part series, we provide a short summary of SPLUMA. The next articles will provide details of the practical application processes flowing from the adoption of these laws.
A New Development Law Unit and Law Update
STBB’s Development Law Unit came into existence in April this year and this is the first of the Unit’s new monthly newsletter which will provide a snapshot of important news, cases and legislative happenings reported each month and which impacts on development law, property and conveyancing.
How will the Unit function?
Constitutionally Unfair to Disallow Temporary Transfer of Irrigation Water Use?
Does the Water Act allow the MEC to grant a temporary transfer of owner A’s right to irrigation water to owner B, for purposes of irrigation, where A and B reached agreement to this effect? And if not, does this infringe owner B’s constitutional rights? These were the issues tackled in this judgment.
Developer Selling Subdivided Township Land: Rates Clearance for Whole Mother ERF
After registering a general plan for establishing a new residential township, the developer applied for a municipal clearance to effect transfer of two of the subdivided erven that were subsequently sold. The municipality issued figures in respect of the whole mother erf, arguing that mere registration of a plan did not mean that the subdivided erven existed individually, as there was no change in ownership. This judgment illustrates the correct approach.