The Council of the City of Johannesburg Metropolitan Municipality approved the City of Johannesburg Land Use Scheme, 2018 on 31 October 2018.
It was published in the Gauteng Provincial Gazette of 2 January 2019 in terms of section 156(2) of The Constitution of the Republic of South Africa Act, 1996 (No 108 of 1996), read with section 24(1) of the Spatial Planning and Land Use Management Act, 2013 (No 16 of 2013), read with section 6(1) of the City of Johannesburg Metropolitan Municipality Municipal Planning By-law, 2016
The City of Johannesburg Land Use Scheme, 2018 will come into operation on 1 February 2019 and applies to all the properties within the municipal boundaries of the City of Johannesburg, as determined by the Municipal Demarcation Board.
In terms of section 3(1) of this land use scheme any consent granted, approved or any land use right permitted in terms of a Town Planning Scheme in force or other applicable land use legislation for the erection/use of buildings or for the use of land or any rights legally exercised in terms of such scheme or legislation prior to the commencement of the City of Johannesburg Land Use Scheme, 2018 shall be deemed to be a consent, aproval or land use right of this land use scheme: provided that any such consent, approval or land use right shall lapse unless exerrcised within 24 months from 1 February 2019.
Section 3(4) of the City of Johannesburg Land Use Scheme, 2018 states that any land use application submitted to and pending before Council immediately prior to 1 February 2019 shall be dealt with in terms of the relevant Schenme that governs such application at the time of submission, as far as it is not in conflict with this land use scheme