Who decides
For land in Richards Bay, excision of agricultural holdings falls under the planning powers of uMhlathuze Local Municipality, KwaZulu-Natal. It forms part of the King Cetshwayo District, but the district municipality is not assumed to decide these applications.
| Municipality | uMhlathuze Local Municipality (local) |
|---|---|
| Province | KwaZulu-Natal |
| District | King Cetshwayo |
Local requirements
Owners in Richards Bay usually look at excision of agricultural holdings when you own an agricultural holding on the urban edge and want urban rights. The purpose is to excise a holding from an agricultural holdings register so urban rights can apply.
Areas covered by uMhlathuze Local Municipality include Richards Bay. Neighbouring municipalities in the King Cetshwayo District, such as Mthonjaneni, Nkandla, uMfolozi, uMlalazi, are separate planning authorities with their own by-laws and schemes, so the correct municipality must be confirmed from the property's location.
Whether the authorised official or the Municipal Planning Tribunal of uMhlathuze Local Municipality decides depends on the category of application in its planning by-law, read with SPLUMA (2013) and the land use scheme. Appeals go to the municipality's appeal authority. Fees, documents and timeframes are set by uMhlathuze 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 Richards Bay?
uMhlathuze Local Municipality in KwaZulu-Natal is the planning authority for Richards Bay. The exact property location should still be confirmed, as municipal boundaries do not always follow town names.
Does the King Cetshwayo District Municipality decide excision of agricultural holdings applications?
Not by default. Under SPLUMA, local municipalities such as uMhlathuze Local Municipality are their own planning authorities for most land-use applications.
What should I check before starting with excision of agricultural holdings in Richards Bay?
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.