Integrating planning and environmental legislation within municipal planning in South Africa : a case study in Durban eThekwini Metropolitan Municipality

Abstract

In the context of municipal planning in South Africa, planning legislation and environmental legislation, along with statutory procedures, run parallel to each other and are not integrated. The research study focused on achieving a more efficient development application process by means of the integration of environmental legislation, planning legislation and procedures in municipal planning. Disjointed development application procedures and policies in municipal planning delay the development application approval process, thereby delaying development, and this has a ripple effect on the economy. The research problem focuses on the misalignment of environmental and planning legislation within municipal planning, at a development planning level. The research problem is set in the context of large-scale urbanisation, linked with the associated economic, social and environmental challenges. The study argues that in order to address these challenges a sustainable development approach needs to be adopted. The concept of integration is central to the sustainable development approach. Greater integration will facilitate the development application and approval process via the elimination of silo mentality, which will assist in achieving the goal of sustainable development. The concept of integration in sustainable development and the manner in which the United Kingdom, the Netherlands and New Zealand have integrated their planning and environmental systems to achieve the goal of sustainable development, are examined and compared to the approach taken in South Africa. The study identifies strategies towards the formulation of an outline for integrated environmental and planning policies and development application procedures in municipal planning in South Africa. The case study of eThekwini Metropolitan Municipality is used as it is the largest municipality in KwaZulu Natal. eThekwini Metropolitan Municipality has a number of large-scale catalytic projects that are development-driven, yet encompass environmental, planning, and economic challenges appropriate for the research study. The Point Waterfront Development and the Yellowwood Park Housing Development were the two projects selected in the eThekwini Metropolitan Municipality for in-depth analysis. The methodology for the study is a qualitative approach with the use of case study research, a precedent study, and a legal history analysis. The data collection involved three phases: questionnaires, interviews and a focus group discussion undertaken with the professionals involved in these projects. The key challenges identified which hinder the development application process and reinforce the silo mentality in municipal departments were inadequate public participation processes and public awareness; conflicting policies and internal processes; and lack of political will. The research further recommends a basis for integrated policy formulation in municipal planning in South Africa. An outcomes-based thinking approach was used by the focus group discussion to identify possible underlying causes of the identified challenges. The identification of underlying causes enabled the development of strategies towards the formulation of a framework for greater integration. The key strategies identified were a single computer aided system for the entire municipality using standard operating procedures; multi-disciplinary decision-making bodies; improved internal and external communication; enhanced in-house training and community awareness; review of current policies and bylaws to include integration, and recognition of the practitioners, developers and politicians who promote sustainable development.