There are a several laws, policies and guidelines applicable to the Chartwell Conservancy. The list below is not intended to be exhaustive and represents a high-level summary of the most relevant legal and policy framework applicable at the time of compiling the management plan.
Note: The legal framework applicable to development planning and land use management within the Conservancy is complex and guidance for the municipal town planning department and a professional town planner is recommended prior to proceeding with any development or planning activities.
Development Planning and Land Use Management
The Conservancy falls within the municipal jurisdiction of the City of Johannesburg Metropolitan Municipality (CJMM). The latter defines land use management as follows: The system of legal requirements and regulations that apply to land in order to achieve desirable and harmonious development of the built environment1.
The most important legal requirements and regulations dictating what kind of development is permissible on properties within the Conservancy are:
- Conditions of title (Title Deed of the property);
- Zoning regulations contained within the Peri-Urban Town Planning Scheme, 1975;
- CJMM Spatial Development Framework 2040 (2016); and
- CJMM Regional Spatial Development Framework (2010/2011) – Region A.
“
The legal framework applicable to development planning and land use management within the Conservancy is complex and assistance from a professional town planner is recommended prior to proceeding with any development planning actions.
The majority of properties within the Conservancy are zoned as either Agricultural or Undetermined. This zoning places a restriction on the manner in which the property may be developed including permissible land uses, number of dwellings, and building lines among others.
A further important consideration is the Urban Development Boundary (UDB). The latter is a policy instrument employed by the CJMM since 2002 to control urban sprawl and focus municipal investment in infrastructure services.
The CJMM Spatial Development Framework 2040 (2016) places the Conservancy outside of theUDB. Properties situated outside of the UDB are, in terms of the CJMM Spatial Development Framework 2040 (2016): viewed as a focus of ecological resource protection and management, food production, low intensity social services and amenities, agricultural related investment, leisure and tourism, and green energy initiatives. The city will, therefore, limit development and infrastructure investment that is not related to such initiatives.
The legal framework applicable to development planning and land use management within the Conservancy is complex and assistance from a professional town planner is recommended prior to proceeding with any development planning actions.
The latter includes any of the following:
- Subdivision of land;
- Relaxation of building line;
- Consent to undertake a land use;
- Erection of a second dwelling;
- Division of land;
- Consolidation of land;
- Establishment of a township;
- Rezoning;
- Site development plan; and
- Removal of restrictions.
The primary legislation and policy documentation governing development planning and land use management in the Conservancy is as follows:
- Town Planning and Townships Ordinance;
- Peri-Urban Town Planning Scheme, 1975;
- CJMM Spatial Development Framework 2040 (2016);
- CJMM Regional Spatial Development Framework - Region A (2010/2011);
- CJMM Integrated Development Plan (2017/2018);
- Spatial Planning and Land Use Management Act 16 of 2013;
- City of Johannesburg Municipal Planning By-Law, 2016;
- Agricultural Holdings Registration Act 5 of 1919; and
- National Building Regulations and Building Standards Act 103 of 1977.
Relevant Environmental Legislation, Policies and Guidelines
The primary environmental legislation and policy documentation applicable to the Conservancy is as follows:
- CJMM By-Laws;
- Gauteng Conservation Plan (C-Plan v3.3);
- Gauteng Environmental Management Framework (2014);
- GDARD Biodiversity Guidelines (2017);
- GDARD Ridges Policy (2017);
- National Environmental Management Act 107 of 1998 (NEMA);
- National Environmental Management: Air Quality Act 39 of 2004 (NEMAQA);
- National Environmental Management: Biodiversity Act 10 of 2004 (NEMBA);
- National Environmental Management: Waste Act 59 of 2008 (NEMWA);
- National Heritage Resources Act 25 of 1999 (NHRA); and
- National Water Act 36 of 1998 (NWA).