ESSAY QUESTIONS
1. a ) LAND USE MANAGEMENT
In this essay I have been asked to write in my own opinion what is the value of the regulation and control of land use and development. The above question stems from the requirements of the Spatial Planning and Land Use Act. No 16 of 2013 (SPLUMA) and the requirement that municipalities are to implement wall to wall land use schemes. Land Use scheme are used as a controlling tool uses by municipalities to control land use and developmental form of the municipal space. A land use scheme is made of three components being the land use map (s), zoning regulations and a zoning register. In trying to tackle the chosen question, in my opinion I do see a value in the regulation and control of land use and developments. This opinion is born from the current characteristics of most towns in across South Africa big or small where land use controls where previously used for the purpose of segregation. Also big developments where placed in such a way that it benefited the minority. The use of principle highlighted with SPLUMA will form the key regulatory foundation within new schemes to be drafted or reviewed to achieve an alignment with SPLUMA provisions.
Any guiding tool is to ensure for the lack of appropriate words ‘chaos’ where developments take place. When defining land use regulation, it is not restricted to controlling buildings but it is mainly used to give guidance to current and future developments. It seeks to manage and regulate property development ensuring that any development takes place in a correct place and manner according to the relevant set of policies or standards. The purpose of development regulations is to ensure an orderly and rational development of land, creating sustainable settlement that have a wide variety of land uses where people needs are met. This environment should be where people can stay, work and play. The importance of regulations within the local government sphere plays a fundamental role in the evaluating a land use application. Key things that are evaluated are according to the zoning of the property, regulations guiding your coverage, permitted uses, building lines and height restriction. These restriction can assist to ensure that the development in alignment to building regulations.
The regulation and control of land use and development has the following positive effects to an area, town or a city; they protect, enhance, or create amenities or services that benefit property owners. Regulation and control on developments will increase revenue gained from property rates. If a property is located in a well regulated area there are good chances that when one sells that property it would be of higher value. Government or SARS have their share in terms of property taxes which are used to finance public services like police and fire protection, public schools, and infrastructure such as roads and utilities. The other way that land-use regulations can increase land values is through their “scarcity effects.” By increasing the scarcity of land available for a particular use in a particular location, the prices for those lands are bid up in the market. For example, a limit on the land available for development in one location is likely to increase the price of developed and developable lands. These effects can be very large, and they can have spill-over effects on land prices in other locations. Since the cause-and-effect connection between a land-use regulation in one location and heightened demand for lands in other locations is indirect, it is unlikely to be apparent to most landowners.
In conclusion I still support my opinion that regulation and control of land use and development have a value most importantly in the current era of developmental government. Sustainable and integrated development is solely dependent on laws that are in the form of the Spatial Planning and management Act, Act 16 of 2013.
3. IS THE TRANSFORMATION OF NEIGHBOURHOODS, DUE TO THE INCREASING PRESENCE OF STUDENT HOUSING, GENTRIFICATION? MOTIVATE YOUR ANSWER
The increase need for student accommodation has perpetuated the transformation of low density neighbourhoods to accommodate a provision of high density units to house university, college or FET students. The question requires an answer if this above phenomenon is gentrification. I would give an answer to the above and say it is not gentrification by the mere fact that by housing students within a neighbourhood there will be investable increase noise that in most cases associated with a decrease in property values.
To further motivate the above answer of I would firstly provide a definition of what gentrification is. Gentrification is a process of renovating and the revival of deteriorated urban neighbourhoods where there is an influx of more affluent residents. This results in increased property values and thus displacing the lower-income families and small businesses. In supporting my point of view that the transformation of neighbourhood to accommodate student housing is not gentrification I shall provide supportive statements to that effect.
The transformation of neighbourhoods to accommodate student housing has a number of economic, social, physical and cultural impacts. One thing to note with regard to changing neighbourhoods to accommodate student housing is that indeed the change does contributed to the decaying an area. These areas are associated with crime as students are present on a seasonal basis this contributing to a state of discontinuity and the creation of un-sustainable neighbourhoods. This has a negative impact were the permanent residents live in fear of their area changing into crime hotspots. As crime is a main push factor to sell one’s property, more and more permanent residents putting their properties on the market.
These areas are characterised by student culture where if an area had up market restaurants and bars these places will be replaced by fast food restaurants and outlets as well as bars or taverns. Other conditions that are prevalent in areas that have student accommodation relate to environmental decay. There is also overpopulation (the increase of residents in a single family housing unit), there is also an increase in traffic, there is also insufficient community facilities, increased vandalism, graffiti and refuse are all common types of environmental factors in such areas.
A decaying neighbourhood inherently has a direct influence on the economic value of properties in an area. Economic factors impact supply and demand, house price inflation, a seasonal economic growth and conditions of housing structures. Accommodating student housing in neighbourhoods in most cases has an impact on the control, regulation and planning of the spatial dimension of. The spatial form of an area would have to change by means of rezoning from single residential to general residential. Current inhabitants of the area in most cases are against this change
Gentrification is a process that is associated with displacement of the poor making way for the rich people whom have a social status to maintain. There may be cases where neighbourhood have been transformed by the inclusion of student housing, but the transformation could have been in the form of building but not in the form of attracting the rich and wealth who would sustainably contribute to the revenue base of the municipality.
6. HOUSING BACKLOG AND SOLUTIONS
It is necessary that in attempting to respond to the question at hand with view of providing possible solutions to the housing backlog that has characterised South Africa, I undertake a brief background into the National Housing Programme administered by the National Department of Human Settlements. In so doing, it is important to highlight that allocation of housing programme is administered on the basis of National Housing Needs Register which is the only source from which prospective beneficiaries are selected to apply for housing delivery service. A selection criteria and categories of prioritisation are determined to assist in making sure that the process of housing allocation is just, fair and equitable. The normal standard qualification criterion employable for the indigents is contained in Part 3, Chapter 2 of the National Housing Code.
In terms of section 26 of the Constitution Act 108 of 1996, everyone has a right to have access to adequate housing. This right must progressively be realized over a period of time within available state resources. It is apparent therefore from this housing backlog facing this project that this right so clearly guaranteed is being trampled upon without recourse. In this regard I hasten to suggest the possible solutions to overcome the challenge or impasse in the following manner:
(a). MONITORING AND EVALUATION
The Department of Human Settlements must monitor the Housing policy to ascertain that housing construction projects are executed according to the conditions on which they were approved. It must keep track of the progress of individual projects and to intervene where assistance is required.
Indicators must be utilised as a yard stick to monitor progress during implementation to measure success. Municipal strategies and budgets in relation to their IDP’s must be developed and aligned with the programmes and objectives of the Department to avoid disjuncture. Establishment of database of people who need housing assistance in rural areas must be undertaken. The Departmental operational plan and Annual Performance Plan should reflect rural housing policy objectives. Rural housing needs must be identified per municipality, not per province.
Number of households provided by policy objectives and a number of houses built or improved by using housing subsidy funding must be clearly ascertained. There must be adequate housing provision and attention in rural areas of the Eastern Cape Province. The provision of social and economic facilities in areas where rural houses are being built by the Department must be realized. Proper evaluation of performance related to delivery targets and funding allocations must be undertaken on a continuous basis.
(b). LEGISLATIVE IMPLEMENTATION STANDARDS
National norms and standards in accordance with the National Housing Policy must be developed to give effect for the implementation of national housing programmes. Wide delivery targets through a provincial multiyear strategic plan with appropriate apportionment of funds allocated from Housing Fund must be determined. Local housing strategies setting out housing delivery targets must be determined and implemented. Capacitating of provinces and municipalities to meet their targeted objectives must be enhanced. The programme be carried out and implemented in line with the housing policy.
(c). LAND DISPOSALS AND LAND CLAIMS AS AN ISSUE
Firstly it is important to appreciate that, in some instances particularly in rural municipalities, land on which these housing development projects are intended or earmarked are not owned by municipalities but by other state Departments like Rural Development and Land Reform. This contributes to the backlog we have because no implementation of projects is taking place. In this regard, professionals must be brought on board to assist with technical and legal support to overcome issues of disposals and implementation of the housing policy.
The Department of Cooperative Government and Traditional Affairs must be central to this project since it is at the centre of support mechanisms. The acquisition of land by municipalities must be a priority to give effect to implementation of adequate housing delivery project. The Land Claims Commission must speed up its land restitution process to enable for development over pieces of land currently under claim and earmarked for low cost housing projects. There must be coordination between state entities and government, and not plan or work is silos.
(d) OTHER PRACTICAL CONSIDERATIONS
There is also a need especially in instances where internal reticulation services have been damaged to rehabilitate and repair such services but be funded from alternative funding resource, and not be financed under the current programme as that redirects the funding which ought to be used for new housing. The repair or the placement of formal superstructures must still comply with the National Norms and Standards in respect of Permanent Residential Structures contained in Part 3, Chapter 2, Sections 2.5.2 of the National Housing Code. Consideration must be given to the repair or replacement, with similar materials, and under proper supervision. Perhaps in exploring other funding resource instruments, the private sector should also be engaged with view of assisting in terms of providing capital and grants for the mitigation of this backlog.