Town Planners

eThekwini Metropolitan Municipality

Excision of agricultural holdings in Durban

Excise a holding from an agricultural holdings register so urban rights can apply.

Who decides

eThekwini Metropolitan Municipality (KwaZulu-Natal) receives and decides excision of agricultural holdings matters for land around Durban. As a metropolitan municipality it has no district council above it.

MunicipalityeThekwini Metropolitan Municipality (metropolitan)
ProvinceKwaZulu-Natal
Land-use schemeeThekwini land use schemes and sub-schemes, unconfirmed

Local requirements

Excision of agricultural holdings is used to excise a holding from an agricultural holdings register so urban rights can apply. In Durban this is typically relevant when: you own an agricultural holding on the urban edge and want urban rights.

Areas covered by eThekwini Metropolitan Municipality include Durban, eThekwini, Pinetown, Umhlanga.

In eThekwini, these applications are governed by the eThekwini Planning and Land Use Management By-law, 2016, read with SPLUMA (2013) and the eThekwini land use schemes and their sub-schemes. Depending on the category of application, the decision is taken by an authorised official or the Municipal Planning Tribunal, with appeals to the City's appeal authority. Fees, required documents and timeframes are set by eThekwini and change from time to time, so they are confirmed for each matter.

When you may need it

  • You own an agricultural holding on the urban edge and want urban rights

The broad process

  • Feasibility
  • Application
  • Evaluation and decision
  • Registration

Documents commonly required

  • Copy of the title deed (later stage, not at enquiry)
  • Surveyor-General diagram or general plan
  • Zoning certificate or current land-use information
  • Power of attorney and owner consent where applicable

What affects cost

  • Professional planning fees for preparation and motivation
  • Municipal application fees set by the relevant municipality
  • Advertising and notice costs where public participation is required
  • Specialist reports (for example traffic, engineering services or environmental)
  • Survey and conveyancing fees

Professional fees, municipal application fees, advertising and specialist costs are quoted separately for each matter. Timeframes depend on completeness, objections, specialist work and municipal processing.

Questions

Which municipality handles excision of agricultural holdings in Durban?

eThekwini Metropolitan Municipality in KwaZulu-Natal is the planning authority for Durban, eThekwini, Pinetown, Umhlanga. The exact property location should still be confirmed, as municipal boundaries do not always follow town names.

Is there a district municipality involved in Durban?

No. eThekwini Metropolitan Municipality is a metropolitan municipality and handles its own planning applications.

What should I check before starting with excision of agricultural holdings in Durban?

Useful starting points are: Copy of the title deed (later stage, not at enquiry); Surveyor-General diagram or general plan; Zoning certificate or current land-use information. Title deed conditions, servitudes and previous approvals should also be checked.

Sources

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