APPENDIX 2
POLICY WORKSHOP: SUBDIVISION AND CHANGE OF LAND USE FOR
• prevent degradation
• economic viability
• social acceptability
There was a further call for two sets of norms and standards for urban and rural areas, zoned and un-zoned areas. Reference was made to a Land Care Conference held in Western Cape, where four agricultural land categories were identified:
• commercial farms
• subsistence farming
• farming as a lifestyle
• emerging/food security farming
In view of the above, the following Principles were agreed on at the workshop in respect of minimum farm sizes:
• subdivisions must be based on potential and use category (livestock, horticulture)
• based on concept of sustainable agriculture
• farmers must be bona-fida farmer/fill-time livelihood excluding external income
• zoning categories to apply in principle
Each province were to apply their minds to the above principles and to report back at a follow up workshop which was scheduled for November 2004.
In terms of technical criteria for change of land use of agricultural land, delegates at the workshop resolved that the Department of Agriculture should undertake a pro-active process by participating in municipal lOP's and strategic planning by defining areas that should be retained for agriculture use. To date the department has been re-active only responding when applications are lodged such as for the ever-increasing lifestyle developments, game parks and golf coarse estates that are encroaching into agricultural land country wide. In the case study of Western Cape, the following pro-active steps were taken:
Step 1: Map status quo of active and inactive agricultural land including water ways;
Step 2: Forward planning undertaken by each farmer to match broader district plan;
Step 3: Added value by other sectors;
Step 4: Compile Land Use Map for the areas at 1:10 000 aerial photography base;
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Step 5: Integrate and participate with IDP process.
The following guidelines were agreed upon for change of land use applications by delegates of the workshop:
• Applications to be based on pure agricultural potential based on soil, climate and water qualities;
• Take into account broader agricultural character of the surrounding areas;
• Consider adjacent impacts of neighbouring land uses on agriculture and vise-versa;
• Split zones -change of land use only permitted for building footprint on low potential agricultural land, e.g. Tourism chalets on farmland to allow for farmers to diversify from agriculture.
(ii) Define and demarcate the areas of the RSA where high potential and unique agricultural land is situated. The purpose is to retain such agricultural land as far as possible for food security reasons. The new High Potential and Unique Agricultural Land Bill, which will repeal the Act 70, provides the following criteria to define high potential agricultural land:
• Favourable climate conditions
• Land that can be cultivated
• Possible to irrigate
• Soil - form, depth and clay content, least water retaining qualities and fine grain for most water penetration.
The Act distinguishes between Primary Land, which is associated with a wide range of agricultural uses, and Unique Land, which is associated to a specific crop type.
The Natural Resource Section of the KZN Department of Agriculture and Environmental Affairs has taken this work further and are in the process of producing a Land Potential Classification categories that can be applied to agricultural land in the province.
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APPENDIX 3
MANDLAZINI AGRIC-VILLAGE CONTROLS
I. Commercial/public facilities: which at the time of preparing the bylaws consisted of shops, post office and a clinic.
11. Education: to cater for the existing primary school and the future planned high school;
Ill. Worship: to accommodate existing churches and graveyards;
IV. Recreation: for a future sports field;
V. Public open space: to cater for agricultural land and community gardens and conservation areas that fell below the 50 year flood lines;
VI. Residential small holdings ranging from 2000 - 4000 square metres:
a) Land use permitted:
• Dwelling units/residential
• Amanqungwane
• Agriculture
• Agriculture building
b) Land use only by consent:
• Creche
• Spaza shop
• Certain services / small business uses (eg. Hairdresser)
c) Density:
In keeping with the agricultural nature of the agri-village, the density of dwellings per small holding plot should not exceed one quarter of the area of the plot (Le.
the FAR should not exceed 0.25 for all bUildings) Minimum site sizes were set at 4000sqm.
d) Building Lines:
A 2 metre building line should be kept around the boundaries of the site with the exception of the boundary with the servitudes for water pipes and services. A 5 metre building line must be retained along this boundary.
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APPENDIX 4
NTSHONGWENI TOWNSHIP ESTABLlSHEMENT CONDITIONS Erection And Use Of Buildings or Use of Land
(Ntshongwenl Township Establishment Conditions, 2004)
USES PERMITTED ONLY
USE ZONE PERMITTED USES WITH THE CONSENT OF THE PROHIBITED
RESPONSIBLE AUTHORITY USES
(1 ) (2) (3) (4)
Low Impact Residential buildings, Place of public worship, places Use not under Residential agricultural land of instruction, social halls, column 2 and
sports and recreational 3.
purposes, institutions, medical suites, special purpose.
Mixed Use Business purposes, Uses not under columns 2 and Noxious
industry, institution, 4. industries
places of instruction, places of public worship, residential building, shops, social halls, sports
and recreational
purposes, municipal purposes.
Community Places of public worship, Residential buildings, special Uses not
Facility/Civic places on instruction, purposes under column
and Social social halls, sports and 2 and 3.
recreational purposes, institutions, agricultural land ..
Open Parks, sports and Residential buildings, special Uses not Space buildingsrecreational facilities and purposes.used in under column2 and 3.
connection therewith, agricultural land.
Agriculture Agricultural land Residential buildings, special Uses not
purposes. under column
2 and 3.
..
Restrictions on Coverage of Buildings
USE ZONE PERMISSIBLE COVERAGE
Residential 60%
Mixed Use
To the satisfaction of the responsible authority Community Facility
To the satisfaction of the responsible authority Public Open Space
To the satisfaction of the responsible authority
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Agriculture To the satisfaction of the responsible authority (Ntshongweni Township Establishment Conditions, 2004)
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APPENDIX 5
KWAZULU - NATAL PLANNING AND DEVELOPMENT ACT NO. 5 OF 1998: LAND USE CODE AREAS
•
•
•
•
•
•
Land Use Code Area 1: Rural and Traditional Areas to accommodate the orderly occupation and use of land within rural or tribal areas, facilitate the re-settlement of communities within rural and urbanising contexts and facilitate the establishment of rural service centres;
Land Use Code Area 2: Urban Urbanising Areas to facilitate the upgrading of existing settlement and the settlement of communities adjacent to, or within, urban areas by providing appropriate controls which may be included in town planning schemes;
Land Use Code Area 3: Special Interest Settlement Areas to facilitate the formalisation of existing rural settlements, urban and urbanising nodes and accommodate special precincts and special zones in urban areas;
Land Use Code Area 4: Interim Site Planning Areas situated within town planning scheme areas to provide interim or transitional arrangements for the development of integrated master planning, bulk zones and urban design precincts which, when developed, shall be incorporated within the controls of the town planning scheme;
Land Use Code Area 5: Specialised Site Plan Areas to accommodate and facilitate site specific integrated developments, where detailed conditions shall apply in perpetuity, such as investment areas, resorts, specialised developments in the form of casinos, marinas, waterfronts and for economic development zones such as harbours, airports, industrial development zones where the investment and the use of public funds for the development of strategic economic areas is contemplated;
Land Use Code Area 6: Environmental Planning Areas to provide for site specific, larger developments where the primary purpose is the protection of the natural environment, permitting limited development in accordance with strict controls.
The process of designating land use code areas contains the following:
• Draft agreement between the applicant/community concerned and the local authority;
• A statement of intent indicating purpose and management of area and vision;
• Policy statement;
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• Development Committee;
• Outer cadastral boundary;
• Plan indicating broad zones; movement corridors, community and social facilities;
agricultural and grazing precincts and environmental sensitive areas and residential super blocks;
Appropriate & accepted controls in terms of permitted land uses; General procedural requirements and Environmental Management.
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APPENDIX 6
LAND USE SCHEME BROCHURE
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BUILDING LINES?
building lineisan imaginary
line
within aproperty atafixed distance from
property's bounda.ries.
No
building maybe erected inthe space between
property boundary andthe building
line.