Who decides
Sundays River Valley Local Municipality (Eastern Cape) receives and decides open space matters for land around Kirkwood. It forms part of the Sarah Baartman District, but the district municipality is not assumed to decide these applications.
| Municipality | Sundays River Valley Local Municipality (local) |
|---|---|
| Province | Eastern Cape |
| District | Sarah Baartman |
Local requirements
"Open space" is a broad guide category: zones for public and private open space, parks and conservation. Property owners in Kirkwood often ask: Can I buy the open space next to my property??
Areas covered by Sundays River Valley Local Municipality include Kirkwood. Neighbouring municipalities in the Sarah Baartman District, such as Blue Crane Route, Dr Beyers Naudé, Kou-Kamma, Kouga, Makana, Ndlambe, are separate planning authorities with their own by-laws and schemes, so the correct municipality must be confirmed from the property's location.
Under SPLUMA (2013) and Sundays River Valley Local Municipality's planning by-law, matters are categorised and decided either by an authorised official or by the Municipal Planning Tribunal. Objectors and applicants may appeal to the appeal authority. Fees, documents and timeframes are set by Sundays River Valley Local Municipality and change from time to time, so they are confirmed for each matter.
What to check for your property
- The property's zoning as recorded by the municipality (zoning certificate or official map)
- The exact wording of the applicable land-use scheme for that zone
- Title deed conditions, which can be stricter than the zoning
- Overlay zones, heritage or environmental controls and servitudes
- Any previous approvals and conditions attached to the property
- Who owns the land and whether it is a public place
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 open space in Kirkwood?
Sundays River Valley Local Municipality in Eastern Cape is the planning authority for Kirkwood. The exact property location should still be confirmed, as municipal boundaries do not always follow town names.
Does the Sarah Baartman District Municipality decide open space applications?
Not by default. Under SPLUMA, local municipalities such as Sundays River Valley Local Municipality are their own planning authorities for most land-use applications.
What should I check before starting with open space in Kirkwood?
Useful starting points are: The property's zoning as recorded by the municipality (zoning certificate or official map); The exact wording of the applicable land-use scheme for that zone; Title deed conditions, which can be stricter than the zoning. Title deed conditions, servitudes and previous approvals should also be checked.