This edition has been reworked and updated entirely. It contains: Principles and devices underpinning planning law, Place of planning law in the legal system, History and development of planning law, National and provincial planning administration. The third edition provides a comprehensive discussion of the core aspects of South African planning law.
The second edition, Planning Law (2012), reflected more of the new constitutional dispensation that brought with it not only a focus on values and equity, but also the development of an entirely new vision and structure for planning in the three spheres of government. It introduced some basic principles, addressed the apartheid roots of planning law in South Africa and gave detailed attention to the core of planning law.
Since the publication of the second edition, planning law has received increasing attention and the constitutional, legislative and jurisprudential framework has undergone significant contextual development. Evolving constitutional insights are providing a better perspective on the content of planning law and the impact of planning frameworks and decisions on government, in its three spheres, as well as owners and neighbours.
The Constitutional Court has, to a large extent, clarified the different planning competences and how these are allocated to each of the spheres of government. The enactment of the Spatial Planning and Land Use Management Act 16 of 2013 (SPLUMA) has paved the way for the discipline to develop considerably and to be more integrated. The resultant effect on planning law has been immense and has necessitated this new edition that has been reworked and updated in its entirety. Since planning law is multi-faceted, the book also deals with related administrative, environmental, local government and informal settlement issues. All the relevant legal principles and legislative provisions are amplified by discussions of applicable court decision
This book forms part of the Juta’s Property Law Library which is aimed at revisiting and reassessing the whole of South African property law, which includes uncodified common law that is mostly embodied in case law, academic writing and legislation, to establish:
- how each aspect of property law was influenced by apartheid law;
- its response to the new constitutional dispensation (including land reform), and;
- whether it can make a contribution towards the transformation of South African law and society