Integration of social, economic and environmental factors into land-use/town planning decisions in eThekwini Municipality.
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Date
2021
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Abstract
The aim of the study is to show how eThekwini Municipality (‘eThekwini’) incorporates the
principles of sustainable development and relevant environmental considerations into its
development planning decision-making. The study included assessment of eThekwini’s land
management planning and land-use management system, particularly the use of the Durban
Metropolitan Open Space System (D’MOSS) in considering environmental factors, which are
explicitly provided for in the Spatial Planning and Land Use Management Act 16 of 2013
(SPLUMA) and the eThekwini Municipality Spatial Planning and Land Use Management Bylaw,
2016 (‘Planning By-law’). It benchmarks eThekwini’s environmental considerations in its
planning, parallel to identifying areas in need of improvement in eThekwini planning decisionmaking.
The study finds that eThekwini uses D’MOSS to consider environmental factors as
part of its planning decision-making on land development application (‘application’) in terms
of the Planning By-law (s 44)(t) of the Planning By-law; and Regulations 9.4.1 and 9.5 of the
Central, Inner-West, North, Outer-West and South (eThekwini Regional) Land Use Schemes
(‘Schemes’). eThekwini included D’MOSS as part of the Schemes in 2010 to allow regulation
of activities within D’MOSS areas in terms of Schemes (Municipal Spatial Development
Framework 2019/2020 Final Draft Report [May 2019] at 116).
Schemes require prospective developers to obtain ‘environmental approval’ for
undertaking activities within D’MOSS areas prior to undertaking such activities in order to
protect biodiversity in those areas by preventing transformation of natural areas flagged by
D’MOSS (Regulations 9.4 and 9.5 of Schemes; and Davids et al 12). Environmental approval
decision-making includes consideration of environmental/biodiversity impact advice after
screening of proposed activities (proposal), by eThekwini’s Environmental Planning and
Climate protection Department (Environmental Department) ‘for potential’ impacts on
biodiversity (Regulations 9.4 and 9.5. of Schemes; and Davids et al 12). This Department
would receive an application/proposal ‘proposed within or adjacent to D’MOSS’, screen and
provide comment/advice to eThekwini planning decision-maker or the enquirer/applicant,
whether or not it supports such proposal from an environmental perspective (Regulations 9.4.1
and 9.5 of Schemes). It is found that although environmental consideration is undertaken as
part of eThekwini planning, decision-making on Schemes’ D’MOSS provisions lacks synergy
with the Planning By-law decision-making on categories of applications regulated in terms of
the Planning By-law.
Description
Masters Degree. University of KwaZulu-Natal, Pietermaritzburg.