Addressing the conflict between property development and the environment when such conflict occurs within the urban edge: legal considerations

Abstract

The main aim of this study was to analyse how South Africa should address the conflict between property development and the environment when the conflict occurs within the urban edge, taking into consideration existing laws and policies, learning points from the foreign jurisdictions of Singapore and Rwanda, as well as the international context. As a result of the legacy of the apartheid regime the boundaries of cities expanded exponentially and the urban edge was introduced as a planning tool to prevent sprawl and to address the situation. The Constitution, and section 24 in particular, suggests that there is a need to resolve the potential conflict that exists between the protection of the environment and the promotion of social and economic interests through property development. Guided by the Constitution, planning legislation, including SPLUMA, and environmental legislation such as NEMA, have played a role in transforming and re-shaping the political and legal history of South Africa. However, it is acknowledged that there are challenges to sustainability and that South Africa faces difficulties in attaining Sustainable Development Goal (SDG) 11 which relates to making cities inclusive, safe, resilient and sustainable by the year 2030. There are conflicts that must be addressed. These relate, eg to human settlements that are unsuitable and insufficient, informal settlements on the periphery of large cities, a failing economy, transport shortcomings and infrastructure upgrades. Foreign jurisdictions were examined to determine whether they can provide insights to address the conflict. Singapore promotes policies of intensification and densification in its urban development, independent of outward expansion and has made great strides with regard to property development. Simultaneously, it enhances the environment. Rwanda, described as a promising showcase of African sustainable development, received valuable advice from the United Nations. It provides lessons with regard to urbanisation, eradicating sprawl and improving the quality of life of its people. Against that background, it was found that while South Africa does not have dedicated legislation for the sustainable development of cities, the array of existing planning and iv environmental legislation, plans and policies do have the capacity to resolve the problems that confront it. Nevertheless, difficulties remain. Included are the absence of a standard definition of the urban edge; failure to consolidate or correlate legislation relating to sustainable development in urban areas; a lack of intergovernmental relations coupled with a lack of municipal capacity and fragmented developments in the peripheral areas of cities. The thesis proposes a new definition of the urban edge, for inclusion in SPLUMA, that will guide the implementation and amendment of the urban edge. It also recommends the compilation of consolidated and comprehensive guidelines that give directions on sustainable development in urban areas. The formation of an intergovernmental committee is proposed to resolve the lack of cooperation between the different spheres and departments involved in sustainable development in cities. Lastly, the creation of satellite cities, similar to those in Singapore and the secondary cities of Rwanda, is recommended to replace the present landscape.