Urban LandMark has been supporting the Presidency and its inter-departmental reference group in a regulatory impact assessment process of the Land Use Management Bill. The Bill proposes the repeal of the Development Facilitation Act, Act 67 of 1995. This Act was the first planning Act of the new South Africa and heralded a new paradigm in planning. As part of the regulatory impact assessment process, Urban LandMark appointed Rhizome Management Services cc, Gemey Abrahams Consultants and Ivan Pauw and partners to review the Act.
The study revealed that the complexity the DFA was developed to address still exists today and is further exacerbated by poor capacity in municipalities to plan for and take decisions around land development. The study has also indicated that, while some components of the Act remain useful, others have become outdated and are no longer relevant. Opinions on its repeal or retention were mixed but the overall view is that the innovative mechanisms it has introduced into planning should continue in whatever form the new planning system and law takes in the future.