Primary Transfer Toolkit
Land / Legal Toolkit
Land / Legal Toolkit
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  • LAND & PLANNING REGULARISATION TOOLKIT
    • Step 1: Land and Development Rights Audit
      • 1.1 Legal Status of Underlying Land Project Outside Figure
      • 1.2 Land Legal Constraints
      • 1.3 Other Constraints
      • 1.4 Review Development Approvals/Consents
      • 1.5 Identification of Amendments to Development Approvals/Consents
      • 1.6 Procedures to Confirm Developmental Approval/Consent Amendments
      • 1.7 Determine Rights to be Expropriated
      • 1.8 Prepare Business Plan
    • Step 2: Registration of underlying Land and Township Establishment
      • 2.1 Develop brief for Town Planner to achieve Township Establishment/Amendment
      • 2.2 Develop brief for Land Surveyor & Conveyancer to Effect Land Assembly and Transfer of Title
      • 2.3 Develop generic Procedural Process to procure notice of Expropriation if required
      • 2.4 Legislative interventions
    • Step 3: Satisfying all conditions arising from SPLUMA and NEMA RoDs
      • 3.1 Identify Outstanding Tasks / Actions
      • 3.2 Develop Generic Process to Procure SPLUMA Certificate
    • Step 4: Vesting of roads and public places and registration of individual title
      • 4.1 Develop procedures for Municipality and Conveyancer to effect vesting transfers
      • 4.2 Develop procedural flow chart to ensure project close out
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  1. LAND & PLANNING REGULARISATION TOOLKIT
  2. Step 1: Land and Development Rights Audit

1.4 Review Development Approvals/Consents

(SPLUMA, NEMA, MINERAL, OTHER)

Previous1.3 Other ConstraintsNext1.5 Identification of Amendments to Development Approvals/Consents

Last updated 3 years ago

All existing development approvals and/or consents need to be reviewed in the context of the outcome of the undertaken thus far.

What then are the most common issues which then prohibit the opening of a Township Register?

This includes problems, omissions, impediments that so often render the development approvals and/or consents flawed

  • The conditions of approval cannot be effected as these conditions do not accord with the underlying property(s) title deed conditions.

  • The conditions of approval do not adequately address the constraints other than title deed conditions of the underlying property(s).

  • The are conflicting conditions of approval arising from the SPLUMA consent.

  • The Approval/Consent issued do not accurately reflect/record the legal parameter(s) of the properties contained and/or affected by the POF.

  • The Conditions of Approval/Consents do not correctly record the title deed conditions that must be registered with the Certificate of Consolidated Title defining the POF.

  • Municipal Departments are not willing to sign off on existing/historical Planning Conditions due to issues such as encroachments into environmentally sensitive areas etc. (Ie: the actual position on the ground and the position provided for in historical planning conditions differ materially and can no longer be achieved).

Land Audit
The fourth of eight steps in the Land and Development Rights Audit phase.