Strategies for urban land management in the Free State

This thesis deals with land management in urban areas and how the present legacy of separate towns may be managed and how the ultimate goals of integration and mixed land uses in a compatible manner can be attained. New legislation to ensure expeditious consideration of applications and the pruning of logical steps are also discussed and proposed. The new-fangled legislation, the Development Facilitation Act, 1995 (Act 67 of 1995) is also discussed thoroughly and the uncertainties, deficiencies and advantages regarding this legislation are discussed at length. The present situation regarding the separate towns and the problems encountered receives attention and this moves towards the integrated planning system where not only planning should be integrated, but where the entire approach should be integrated. This means that planning cannot be done in isolation or in compartments, but that a multi-facetted approach is required where all disciplines that are directly or indirectly involved in development are incorporated. This means that traffic, infrastructure, services, the economy, social aspects, planning and the environment all need to be addressed. What is emphasized is that land use and land development influence a whole spectrum of other elements and these in turn influence planning and land use. The ideal will be to manage the land development and use in such a way that strategic thinking and management take place. In respect of all these elements the backdrop of Agenda 21 should not be forgotten. Each town has its own particular and unique circumstances and these have to be taken into account not only in so far as it pertains to planning, but as it will influence the environment. Local Agenda 21 plans will have to be compiled and not with the notion that it will stifle development, but in order to develop in a consistent manner with the environment and the provisions set out in Agenda 21. It is common knowledge that something will have to be done with the integration of the towns as well as with the different zoning control measures. The rigidity of the town-planning schemes will also have to be addressed, but in order to commence with this, new tailor-made legislation, administrative procedures and policies are required. This thesis aims to satisfy at least the one element and that is the legislation. However, the research done can be useful for the compilation of structure plans, land development objectives and the subsequent town-planning scheme amendments in order to enhance development and have all urban areas incorporated within a single town-planning scheme. Another feature of the thesis is that it thoroughly discusses the administrative processes and procedures regarding the Townships Board and the Development Tribunal as well as all aspects relating to the procedures followed in land development. Some of the terms such as public interest and zoning for specific uses lend themselves to different interpretations and these have been researched from a town-planning point of view, but more importantly from an administrative point of view as these are elements readily used in quasi-judicial tribunals. Numerous court cases have been consulted and clear guidance has been indicated in this respect. The thesis aims to elucidate possible solutions in land management regarding the rapid urbanization process encountered at present, sustainability in respect of Agenda 21 and new legislation for the Free State.