Who decides
If your property is in Port St Johns, Port St Johns Local Municipality is the planning authority for excision of agricultural holdings. It forms part of the OR Tambo District, but the district municipality is not assumed to decide these applications.
| Municipality | Port St Johns Local Municipality (local) |
|---|---|
| Province | Eastern Cape |
| District | OR Tambo |
Local requirements
The aim of excision of agricultural holdings is to excise a holding from an agricultural holdings register so urban rights can apply. Common situations in Eastern Cape towns such as Port St Johns include: you own an agricultural holding on the urban edge and want urban rights.
Areas covered by Port St Johns Local Municipality include Port St Johns. Neighbouring municipalities in the OR Tambo District, such as Ingquza Hill, King Sabata Dalindyebo, Kumkani Mhlontlo, Nyandeni, are separate planning authorities with their own by-laws and schemes, so the correct municipality must be confirmed from the property's location.
The legal framework is SPLUMA (2013), the municipality's own planning by-law and its land use scheme. Depending on the matter, the authorised official or the Municipal Planning Tribunal decides, and an appeal lies to the municipality's appeal authority. Fees, documents and timeframes are set by Port St Johns Local Municipality 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 Port St Johns?
Port St Johns Local Municipality in Eastern Cape is the planning authority for Port St Johns. The exact property location should still be confirmed, as municipal boundaries do not always follow town names.
Does the OR Tambo District Municipality decide excision of agricultural holdings applications?
Not by default. Under SPLUMA, local municipalities such as Port St Johns Local Municipality are their own planning authorities for most land-use applications.
What should I check before starting with excision of agricultural holdings in Port St Johns?
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.