Resort Planning

Zoning and Approval Factors to Consider in Resort Planning We recommended that you make use of our expertise regarding resort planning in South Africa. As well-established and experienced town and urban planners, we understand the laws and ordinances regarding land use management, zoning, township establishment, and compliance with environmental and related laws. In many instances, developers consider establishment of resorts in rural areas, especially near the coast. A developer may have bought a large piece of agricultural land with the aim of developing a holiday resort. However, because the land use allowed on the piece of land is only for agricultural purposes, the developer must apply for rezoning of the land to allow for recreational activities and accommodation. If the area, even though rural and mainly used for agricultural purposes, is already zoned to allow for tourism, accommodation and recreational activities, then the developer will have an easier task. That being said, the impact of the resort on the environment and the surrounding community must still be considered. Depending on the particular size of the planned resort, the accommodation and activities to be offered, in addition to structures and water usage, it may be necessary to apply for township establishment. In this regard, our help regarding resort planning and application for township planning will be especially beneficial. Land use rights and zoning laws differ from province to province. It is thus necessary to view the legislation in the particular province and the land use scheme of the particular area where you want to establish a resort. Look at factors such as the planning policies in place, the availability of...

Mining Rights and Land Use Compliance

Important Issues to Consider Regarding Mining Rights and Land Use Compliance The issue of mining rights and land use compliance is briefly discussed below, giving you an indication how zoning restrictions could hamper the right to prospect or mine in South Africa. Anyone who wants to apply for mining rights in the country should study and ensure compliance with the Mineral and Petroleum Resources Development Act and all environmental management laws and regulations of South Africa. However, failure to take zoning restrictions into consideration will mean that the person or company, even if they are complying with the terms of the Mineral and Petroleum Resources Development Act, will not be able to exercise their mining rights. As such, land use compliance and mining rights must be considered together. If there is a zoning restriction on the particular piece of land which, for instance, only allows for agricultural or residential usage of the land, the applicant must first apply for the lifting or changing of the zoning to include mining and prospecting usages of the land. For this, the mineral rights permit holder has to get the required land use planning permission before any prospecting or mining operations can commence. Keep in mind that the right to mine on a particular piece of land does not override other laws of the country, not even local ordinances. As such, the mining rights are subject to compliance with other laws and ordinances. Therefore, it is essential to first apply for rezoning of the land where one wants to mine before commencing with mining operations. Because the land use and zoning requirements and...