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Measures to Resolve Conflict with Land Use Planning Effective land use and development is largely dependent upon the provision of transport infrastructure. Access to schools, rural agricultural areas, residential suburbs and industrial developments is often the key factor in the effective utilisation of such facilities and should therefore be included in the initial planning processes.
The White paper emphasises the fact that there are major differences between the development patterns and needs in the urban and rural areas of the Province and these should be recognised and reflected in the planning process. The NLTTA, 2000, requires land transport planning to be integrated with the land development process. The transport plans must be within the context of the Integrated Development Plans (IDPs) and Land Development Objectives (LDOs). Section 29 of the NLTTA deals, inter alia, with the publication of transport plans and substantial changes in land-use. Upon approval of the National Land Transport Strategic Framework, PLTF, PTP, and ITP, the prescribed particulars of such plans must be published in the Government or Provincial Gazette, whichever is relevant. All persons and institutions are bound by the provisions of the plans as published.
No substantial change or intensification of land use may be undertaken without the written consent of the relevant planning authority. [Section 29(2)(a)] Further, developments on property within a transport area are subject to traffic impact assessments and public transport assessments, as prescribed by the MEC. [Section 29(2)(b)] Any person who undertakes a development involving a change or intensification in land use or development proposal without the approval of the planning authority, or contrary to the condition imposed by the planning authority, is guilty of an offence - see Section 29(7). Future land use management will be achieved through the enactment of the National Land Use Management Bill, which prescribes, inter alia, the lodging of land use applications, the establishment of Land Use Tribunal in the province, and appeal procedures.
The NDoT has been making use of co-ordinating structures such as MINCOM and COTO, which resulted in very good communication, and co-ordination of projects where different provinces are involved. The Local Road Transportation Boards (LRTBs) were involved in some of these structures and met formally within the confines of existing committees, such as the Implementation Work Group that is responsible for the implementation of the NTTT (National Taxi Task Team) recommendations. These meetings were, however, not regularly held. All permits for public transport service have been issued up to date in terms of the Road Transportation Act (Act 74 of 1977). These permits are now to be transformed into Operating Licences, to be issued in terms of the National Land Transport Transition Act (Act 22 of 2000) (NLTTA).
The implementation of the NLTTA, with specific reference to the functions of the Operating Licensing Boards and the conversion of permits to operating licences will have major implications on transport and transport operators. A large part of these operations will require inter-provincial communication, co-ordination and co-operation between the different Boards.
The following Acts and policies are important for the Eastern Cape:
List of Policies
- Operation Jika
List of Documents
The NLTTA, Moving South Africa initiative, the PLTFs and other discussion documents provide the background to the legal status quo of transport infrastructure in South Africa.
There are numerous Acts, policies, discussion papers, plans, reviews and other documents that affect and impact on the transport system, but overall there seems to be an insufficient legislative infrastructure information base.
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