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Building lines: Municipal consent or Removal of Restriction
Dear Colleagues,
An interesting scenario in the Eastern Cape, where Kouga LM is not interpreting the replacing of the word ‘Administrator’ with ‘Municipal Manager’ as per Sec 45(6) of SPLUMA. Note that this section (amongst others) is not repeated in their by-law. The result is that we have to remove title conditions in stead of only asking for consent (departure) to encroach the 5m building line in the title deed (3m ito the LUS).
Almost all the title deeds in this LM are affected by these conditions.
You may know of appeal / court outcomes that we cannot locate. Any assistance in this regard will be appreciated.
Regards, Charlotte van der Merwe charlotte@citeplan.net
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Thank you for bringing up the interesting scenario in the Eastern Cape regarding the interpretation of the replacement of the word 'Administrator' with 'Municipal Manager' as per Section 45(6) of SPLUMA (Spatial Planning and Land Use Management Act). It appears that the Kouga Local Municipality (LM) is not following this interpretation, and as a result, you are facing the need to remove title conditions instead of simply requesting consent (departure) to encroach the 5m building line in the title deed (3m in terms of the Land Use Scheme).
Given the situation, you are seeking information about any appeal or court outcomes related to this matter that you have been unable to locate. While I don't have access to real-time legal databases or specific court outcomes, I can provide you with some general guidance on how to approach this issue.
- Municipal By-laws: Review the municipal by-laws of the Kouga LM in detail to understand the specific provisions and regulations pertaining to the replacement of the term 'Administrator' with 'Municipal Manager.' Compare these by-laws with SPLUMA to identify any inconsistencies or omissions that may be affecting your situation.
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Municipal Engagement: Engage with the Kouga LM directly to express your concerns and seek clarification on their interpretation of the law. Request written explanations or official responses regarding their stance on the replacement of the term and its implications for title conditions and encroachments. Maintain a record of all communication for future reference.
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Appeal and Court Records: Consult the relevant administrative bodies or courts in the Eastern Cape to inquire about any appeal or court cases that may have addressed similar issues. This could include the local planning tribunal, municipal appeal boards, or higher courts. Request access to relevant records or judgments, keeping in mind that certain legal documents may not be publicly available or accessible online.
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Professional Networks: Continue to reach out to professional networks or associations related to land use planning, property law, or municipal governance. Attend relevant seminars, conferences, or workshops where you can interact with experts and peers who might have knowledge or experience with similar cases. They may be able to provide guidance or refer you to relevant resources.