Integration of social, economic and environmental factors into land-use/town planning decisions in eThekwini Municipality.

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.