This includes a discussion of the process that would need to be undertaken to achieve the application of a TOR program to the study area. Extensive thought and assessment of the implementation of a TOR program is fundamental to its success.
Conclusion
THE CURRENT REALITY IN SA AND THE LEGISLATIVE FRAMEWORK FOR TRANSFER OF DEVELOPMENT RIGHTS (TOR) PROGRAMS IN KWAZULU-. The chapter briefly addresses the concept of ownership and associated rights and includes an in-depth look at the legislative framework in KwaZulu-Natal in terms of which the application of TOR programs can be achieved.
Current reality in South Africa
It is the author's opinion that this is difficult to achieve on a national level and that it is on a local level that small successes will pave the way for an overall sustainable development. It is suggested that in areas of environmental importance, particularly where development has not been permitted but where it is recognized that the release of opportunities is required, TDR programs may provide the mechanism to ensure a better balance between competing. In the current situation, the new local authorities and district councils generally do not have the necessary financial or technical expertise to implement what can be considered a sophisticated planning tool.
However, the implementation of a TDR program in an appropriate area can provide an opportunity for the relevant authority to plan pro-actively, by conserving part of its resource and at the same time allowing development, rather than allowing developers and deny property owners development rights. and investment opportunities. The benefits of a successful TDR program in the South African context will reflect a profit for the planning authority as it serves to encourage economic development and at the same time the fears of.
Purpose and Princip1es of the KwaZulu-Natal Planning and
Special Case Areas in terms of the PDA -33-
It is argued that the Midmar Area of Controlled Subdivision, the survey area, could fall within the ambit of section 31 of the PDA and be considered a special case area. Once such feasibility has been concretely tested, a revision of the proposed TOR rules is envisaged. However, the formal incorporation of the TOR mechanism into the current legislative framework in KwaZulu-Natal province has not yet been completed.
This chapter provides the rationale behind the selection of the Midmar Area of Controlled Subdivision as the stLidy area. The primary source of historical context was drawn from the files of the province of KwaZulu-Natal.
Selection of the study area
The chapter provides details on the location of the Midmar Area of Controlled Subdivision, as well as a brief history of the reasons behind the area's proclamation as one. Although the author had been exposed to the concept of TOR in a limited sense, this was the result of his work as a member of the Steering Committee. For these reasons, the selected study area was that of the Midmar area of the controlled subdivision around the Midmar Dam (Figure 3).
As part of the supporting documentation submitted for the Development Rights Transfer Project, a Suitum Brief was made available regarding the TDR program for Lake Tahoe in the United States. For the purposes of this report, the Midmar Controlled Subdivision area is simply referred to as the study area.
Location of the study area
Historical context
The main findings of the 1970 Review which are of particular relevance to the application of a TDR program in the Midmar Controlled Area. In this regard, the need to preserve the water quality of the dam and the landscape qualities in the Midmar Area of Controlled Subdivision was emphasized. The Department of Public Works has assigned responsibility for the management of the tourism area in Ezemvelo KwaZulu-Natal Wildlife.
It is clear that for the successful use of the TDR program in the study area, improvement of institutional arrangements is necessary. It was recommended that the administrator of the Midmar policy should be under the Ministry of Traditional and Local Government Affairs.
Conclusion
This aspect was taken forward in the work undertaken by Ninham Shand, 1998 and is reflected in the following chapter. The need for clear roles and responsibilities within a defined management system is essential to program success. Chapter six, "Towards Implementation of a TDR Program in the Midmar Area of Controlled Subdivision" also specifically addresses this issue.
Introduction
Broader planning initiatives
34; medium" in the south and high in the north and west. In addition, the Midmar Dam and its surroundings were recognized as a special feature that offers good tourism potential that remains untapped. Certain key points were mentioned that refer in particular to this study. by SWK in 1997 in relation to the Midmar area in the Howick Integrated Development Framework Plan: Strategy Report, including the need to identify land use opportunities for tourism on land adjacent to the access points to the Dam area.
The report touched on the fact that the nature of potential land use opportunities is likely to be determined by the carrying capacity of the land which will depend on its environmental sensitivity (author's emphasis). It was also noted that there would be a demand for more intensive use of the waterfront on the northern side of the lake to generate economic and social facilities and a demand to integrate mixed activity developments into the complex, such as golf course and residential complex ( SWK, 1997, P 22).
The Midmar Integrated Planning Initiative
Analysis of the Structure Plan and Land Use Controls
The structure plan and land use controls
Justification of the theoretical and conceptual framework in the development of the structure plan for the Midmar Controlled Area. In relation to the institutional arrangement for the administration of the Midmar Subdivision Controlled Area, a statutory planning committee is proposed. Public announcement of the proposal for regulating the use of space and the building plan for the controlled area of Srednjemarje.
This chapter has illustrated the suitability of the Midmar area of controlled subdivision as a pilot area in testing TOR. This report deals only with the theoretical aspects of the implementation of a TOR program for the Midmar area with controlled subdivision.
Carrying capacity/calculation of density
The Midmar Area of Controlled Subdivision: Development
Each area has been assigned specific development uses and density parameters in terms of the density calculations explained in 5.4.2. In considering such density proposals, it must be borne in mind that the current population of the area under consideration was constant. Although it is accepted that the focus of development and activity should be directed to the Midmar Resort area where existing facilities exist and can be properly managed and expanded, the general use of the DAP.
A more recent study confirms that the main limitation to the full development of the tourism potential around the Midmar Dam is the confusing sequence. The identification of increased development opportunities for most of the study area based on the general application of the 1970 Drakensberg Approaches policy is questionable and somewhat short-sighted.
Introduction
Development pressures within the Area of
The need for development restrictions in the Midmar study area stems from the unusual value and fragility of the Dam ecosystem (and the wider catchment) and the interdependence of land uses within the catchment and study area. Implementation of the Structure Plan and Land Use Controls for the Midmar Area of Controlled Subdivision is contingent upon the resolution of the establishment of an authority to give effect to such plan and controls. Confirmation of the creation of such a commission in the sense of Article 43(1) of Ordinance No.
Certain property owners within the study area may look forward to being granted certain development rights, subject to approval by the relevant planning authority, in relation to the proposed land use control. Those with areas of less than 20ha will not be permitted to build further (apart from one dwelling per lot and usual agricultural outbuildings) in relation to the proposed land use controls.
Conclusion
Affairs; Economic Affairs and Tourism; Public Works; Local government; the district and municipal government; the Urban and Regional Planning Commission; A fourth and very important point concerns the fact that the property owners within the study area are a relatively small and homogeneous group that could help jointly determine the objectives of the TOR program through consensus workshops. The Town and Regional Planning Commission, the Local and District Council, and Umsikele as the governing bodies responsible for the Midmar area of.
All these factors, together with the added advantage of having an abundance of existing information on the study area, which would reduce costs during the assessment process, contribute to the identification of the Midmar Area of Controlled Subdivision as an area worthy of to be tested. the TDR program. RECOMMENDATIONS AND GUIDELINES: TOWARDS THE IMPLEMENTATION OF THE DEVELOPMENT RIGHTS TRANSFER PROGRAM IN MIDMAR.
Introduction
Recommendations and Guidelines
As set out in Chapter Three, it is argued that the Midmar Area of Controlled Subdivision could be an area worthy of declaration as a Special Case Area under Section 31 of the KwaZulu-Natal Planning and Development Act (PDA). Alternatively, if the PDA regulations have not been promulgated, there would be nothing to prevent the responsible authority from incorporating the TOR mechanism into the existing structure plan and land use control already prepared for the Midmar controlled subdivision area which could duly are announced and approved in terms of the executive order. A third alternative could be to incorporate the TOR program proposal .. into the integrated planning process, cf. municipal system act. v).
However, the views of the landowners within the study area would determine how the TOR program should be implemented. In the interests of the wider community, any transfer of development rights should be available for public scrutiny.
Conclusion
This will ensure that fundamental endorsements of this nature will not disappear within the "text" of the property deed. An overview of the 1970 policy relating to the controlled area of Midmar: synthesis of analytical reports on the Midmar area and its potential: Working paper no. March), Department of Local Government and Housing, Pietermaritzburg. Criteria for the designation of Special Case Areas in terms of the Planning and Development Act, Town and Regional Planning Commission, Supplementary Report Volume 52, Pietermaritzburg.
Management policy on and around regional dams in KwaZulu-Nata/, Report of the Town and Regional Planning Commission. Barnard T, 1999, Appointment of a Joint Town Planning Committee for the Midmar area, Internal Memorandum prepared for Town and Regional Planning Commission.
