business rights 2020 Planning Group of rezoning town planners July 27, 2023

Review of Policy on the Granting of Land Use Rights on Farm Portions and Agricultural Holdings, 2023

Table of Contents

A Comprehensive Review of the Policy Document on the Granting of Land Use Rights on Farm Portions and Agricultural Holdings (2023)

Q: Which is the best town planning company is Pretoria?

2020 Planning Group is widely regarded as the best town planning company in Pretoria. With over 75 projects completed to date, we have experience and expertise unmatched in completing planning projects around Tshwane Metropolitan Municipality. Our town planners are professional and registered with SACPLAN.

Navigating the complexities of land use rights, particularly in the context of agricultural holdings and farm portions, is a task that requires a deep understanding of policy, law, and sustainable development practices. The City of Tshwane, one of South Africa’s three capital cities, has recently reviewed and replaced its policy on this subject, providing a comprehensive guide for landowners, developers, and stakeholders. This blog post offers a detailed review of this new policy document, highlighting its key points, implications, and potential impact on the sustainable development of agricultural land within the city’s jurisdiction. Whether you’re a landowner looking to understand your rights or a stakeholder interested in sustainable rural development, this review will provide valuable insights into Tshwane’s approach to managing land use rights on farm portions and agricultural holdings.

Single Development and Defining What Can Be Obtained with Rezoning and Consent Use Applications in Agricultural Land

The use of agricultural land has been a topic of significant interest in recent years, especially with the increasing demand for land for various purposes. The policy on granting land use rights on farm portions and agricultural holdings is a critical tool for managing this demand and ensuring sustainable development. This article explores the concept of single development and what can be obtained with rezoning and consent use applications in agricultural land, based on the recently reviewed policy in Tshwane.

Single Development and Rezoning

One of the significant changes in the reviewed policy is the concept of single development and what can be obtained with rezoning and consent use applications. In the past, a rezoning could be approved on a farm portion and agricultural holdings if it consisted of a single development with a single use or user. However, it was found impractical to police a single user and restrict the rezoning to a single use (Page 4, PDF).

The reviewed policy proposes that the policy be amended to only refer to a rezoning or consent use which, in the opinion of the City, is a single development. It further recommends that the policy be amended by more specifically defining land uses for single developments which may be allowed by way of rezoning or consent use applications instead of a complete township establishment application (Page 5, PDF).

This change is significant as it makes it easier to obtain land-use rights on farm portions and agricultural holdings outside the Urban Edge and Development Edge. However, it should be noted that land development applications and land uses management will still be applicable on these farm portions but through a shorter and lenient process than that of a formal township establishment application (Page 4, PDF).

Specifically, the land uses which can be obtained by means of rezoning or consent use applications include:

Builder’s Yard: This refers to a place where building materials are stored.
Camping Site: This refers to a place where people can set up a temporary residence, typically in the form of tents.
Cattle feeding lots (part of agricultural industry): This refers to a confined yard, pen, or other area where beef cattle are kept and fed for the market.
Cemetery: This refers to a place where the dead are buried.
Children’s Home: This refers to a residential care institution that provides long-term care for children.
Clinic: This refers to a healthcare facility that is primarily focused on the care of outpatients.
Club House: This refers to a building used by a club or organization for its activities.
Cold storage and food processing (part of agricultural industry): This refers to a place where food is processed and stored in a cold environment to preserve it.
Commercial Use (restricted to a single use): This refers to properties that are used for commercial activities.
Community Service Centre: This refers to a place where community services are provided.
Conference Centre: This refers to a large room or building where conferences are held.
Control Centre: This refers to a place from which operations are controlled.
Motor Workshop: This refers to a place where vehicles are repaired.
Municipal Purposes: This refers to land used for purposes related to the functioning of the municipality.
Municipal Transitional Settlement: This refers to a temporary living arrangement provided by the municipality.
Nursing Home: This refers to a place where the elderly or other people who need assistance with daily life activities live and receive care.
Panel Beater: This refers to a place where damaged vehicles are repaired.
Parking Site: This refers to a place where vehicles can be parked.
Petting Zoo: This refers to a type of zoo that allows visitors to touch and feed the animals.
Picnic Place: This refers to a place where people can have a picnic.
Place of Amusement: This refers to a place where people go for entertainment or fun.
Place of Child Care: This refers to a place where children are taken care of.
Place of Instruction (not more than 200 children/students): This refers to a place where instruction or education is provided to a limited number of students.
Place of Public Worship (for less than 200 members): This refers to a place where a small community of people gather to worship (Pages 288, 289, PDF).

Land Uses Which Can Only Be Obtained by Means of Township Establishment Land Development Application on Agricultural Land

The use of agricultural land has been a topic of significant interest in recent years, especially with the increasing demand for land for various purposes. The policy on granting land use rights on farm portions and agricultural holdings is a critical tool for managing this demand and ensuring sustainable development. This article explores land uses that can only be obtained by means of a township establishment land development application on agricultural land, based on the recently reviewed policy in Tshwane.

Township Establishment Land Development Application

One of the significant changes in the reviewed policy is the concept of township establishment land development application. In the past, a rezoning could be approved on a farm portion and agricultural holdings if it consisted of a single development with a single use or user. However, it was found impractical to police a single user and restrict the rezoning to a single use (Page 4, PDF).

However, the policy also makes it clear that there are certain land uses that can only be obtained by means of a township establishment land development application. These are typically more complex developments that require a more comprehensive approach to planning and management. The policy provides a framework for these applications, ensuring that they are handled in a way that is consistent with the city’s strategic priorities and sustainable development goals.

Specifically, the land uses which can only be obtained by means of a township establishment land development application include:

Agri-village: This refers to a community of people living together on an agricultural land, often sharing common facilities.
Offices (sectional title or full title): This refers to office buildings that can be owned by individuals or corporations under a sectional title or full title.
Industries (sectional title or full title): This refers to industrial properties that can be owned by individuals or corporations under a sectional title or full title.
Industrial estates (sectional title or full title): This refers to large areas of land that are subdivided into smaller plots for industrial use.
New low-density residential or country estates (sectional title or full title): This refers to residential properties in low-density areas that can be owned by individuals or corporations under a sectional title or full title.
Sectional dwelling units: This refers to residential properties where individuals own their units and share ownership of the common property.
Tertiary or education institutions: This refers to larger developments such as university campuses and large educational institutions (Page 287, PDF).

Conclusions

The review and amendment of the policy on granting land use rights on farm portions and agricultural holdings represent a significant step towards a more sustainable and inclusive approach to land use. By allowing for more flexibility in single developments and defining what can be obtained with rezoning and consent use applications, the policy provides a framework that can stimulate the rural economy while ensuring the sustainable use of agricultural land.

The policy also demonstrates the importance of public participation in policy-making. The feedback received from the public, the office of the Premier, and GDART was instrumental in shaping the reviewed policy, highlighting the importance of diverse perspectives in creating policies that are responsive to the needs of the community (Page 6, PDF).

In conclusion, the policy on granting land use rights on farm portions and agricultural holdings provides a blueprint for other cities and regions grappling with similar issues. By adopting a flexible and inclusive approach to land use, it is possible to stimulate economic growth while ensuring the sustainable use of agricultural land.

Navigating the zoning process can be complex. It often involves comprehensive research, submitting applications, attending hearings, and potentially making modifications to your business plans to meet local requirements. This is why it’s crucial to understand the specific zoning laws in your area.

FAQ – Granting of Land Use Rights on Farm Portions and Agricultural Holdings

What is the purpose of the policy on granting land use rights on farm portions and agricultural holdings in Tshwane?

The policy was established to enable sustainable development of farm portions and agricultural holdings, thereby stimulating the rural economy in Tshwane. It addresses strategic pillars such as facilitating economic growth and job creation, caring for residents and promoting inclusivity, and building integrated communities.

What is the process for rezoning a part of a farm or agricultural land?

The policy allows for the rezoning of parts or segments of a farm that are immediately traced around the structures situated on said farm portion. This practice is standard in Tshwane (Page 206).

What land uses can be obtained by means of rezoning or consent use applications according to the policy?

The policy provides a list of land uses which can be obtained by means of rezoning or consent use applications. These include but are not limited to: Control Centre, Crematorium, Dairy, Distribution Centre, Equestrian Centre, Filling Station, Fitness Centre, Flea Market, Fuel Depot, Garden Centre, Government Purposes, Guest House, Health spa, Helipad, and more (Pages 288, 289).

What is the policy's stance on the development of a farm portion without the necessity of establishing a township or bringing a township establishment application?

What is the policy's approach to environmental considerations in land use?

The policy highlights the importance of considering the environment when there is proposed fragmentation of large natural areas. Green corridors should be left between larger natural areas. Various commercial and industrial land uses may negatively impact environmentally sensitive areas. The policy also addresses the potential pollution of ground water and nearby river systems by businesses and township developments that are not connected to the municipal sewer and water systems (Page 218).

How does the policy address public participation in its development?

The policy underwent a public participation process, which included placing documents and maps on the public website for comments, inviting written comments, notifying the public to comment by means of advertisements in local newspapers, and holding web seminars. This process ensures that the policy is shaped by diverse perspectives and meets the needs of the community (Page 262).

(2 Comments)

Leob January 12, 2024

Hi…can anyone build a campsite on a farm without permission or complying with some regulations regarding safety..legality
Who will inspect if it is in accordance
Leon

Willie van der Walt February 19, 2024

If shareholders form a company and the company buys a farm. Each shareholder builds a house on the farm with a useagreemet and there are more than 2 houses. Will that be a Agri-Vilage? Will it be Legal? Will consent use be needed.

Cancel reply

News