Abstract

Keywords

Urban edge; urban development boundary; urban growth boundary; sprawl; apartheid planning; section 24 of the Constitution; environmental law; spatial planning law; South Africa

……………………………………………………….

1 Introduction

In general, boundaries mark the transition between different regimes or different systems, and this is nowhere more evident than in the divide between the rural and the urban at the edge of a city.1 When one is defining and describing the physical form and extent of a city, its edge or boundary provides the most obvious indication of its extent and shape.2 Statistical definitions of cities rely upon how their boundaries are defined.3 Such a boundary can be referred to as an urban edge, an urban development boundary or an urban growth boundary, or by a variety of other designations.

The urban edge is not defined in any legislation4 and there appears to be no standard definition of the term,5 which needs to be defined from a legal perspective. While its purpose, legal status and enforceability are not specifically dealt with in legislation, there are policy documents and guidelines that refer to the urban edge.6 The on-going management of the urban edge is also relevant. Some clarity and a better understanding of the term are necessary as the urban edge is an integral part of spatial planning

in South African law and has even been the subject of Constitutional Court litigation.7

The aim of this article is to conduct a proper assessment and critical evaluation of the urban edge. It is necessary to consider the different interpretations of the urban edge and provide clarity regarding the objectives that the urban edge is expected to address as development must be socially, environmentally8 and economically sustainable.9 The recognition of environmental issues in the Spatial Planning and Land Use Management Act 16 of 2013 (SPLUMA) requires that cognisance must be taken of environmental considerations in planning decisions.10 Defining the urban edge will hopefully provide a guideline that may be used by municipalities when considering the demarcation of the urban edge and its management.

2 Historical legacies of apartheid

The colonial occupation of South Africa resulted in the use of land having a racial context11 as planning was done on a different basis for blacks and whites.12 As the apartheid system became more entrenched,13 the strict planning system became the tool to enforce and promote separate and fragmented development in urban areas.14 Areas for blacks were separated from those for whites and placed on the periphery of towns and cities.15 This "fragmented spatial pattern" based on race negatively impacted on socio-economic conditions and resulted in land-use segregation.16 The boundaries between their areas were not created with a concern for "green

belts" but were a direct result of a rigid system of apartheid during which suburban development began to flourish, urban sprawl thrived17 and inner cities deteriorated.18 The monetary implications of sprawl include increased costs of infrastructure, fuel and time spent travelling. A consequence of the specific racial context in planning, was the relatively low density in dominant white suburbia19 while black people were housed in crowded housing of an inferior quality in rural areas far from city centres or on the periphery of cities.20

In South Africa, the foundation or origins of the urban edge can be ascribed to the Subdivision of Agricultural Land Act21 and the various town planning ordinances22 that governed land use in urban areas and applied in South Africa prior to 1994. The Subdivision of Agricultural Land Act23 was used in rural areas while provincial ordinances were used in urban areas.24 With the coming into power of South Africa's first democratic government and as a direct consequence of the Constitution of the Republic of South Africa, 1996 (the Constitution)25 South Africa witnessed a change in the law26 and

attempts were made to bridge the gap between "marginalised communities and wealthier areas".27 One of the first priorities of the post-apartheid government was a transformation strategy and the implementation of the Reconstruction and Development Programme (RDP).28 Unfortunately, after 1994 the level of urban sprawl actually increased.29 This occurred because the South African government arranged large-scale lower income development in terms of the RDP on the periphery of cities, where land prices are usually much cheaper.30 The abolition of influx control31 in 1984 also contributed to spontaneous and often unauthorised settlement by previously disadvantaged communities seeking proximity to urban labour markets.32

When the negotiations to end apartheid began there was no legislated urban edge or urban growth boundary.33 The rights created in the Constitution and the implementation of policies such as the Urban Development Framework (1996)34 and the Rural Development Framework (1997)35 were aimed at correcting past distorted spatial patterns and providing opportunities to poor communities.36 Legislation in the form of the (now repealed) Development Facilitation Act (DFA)37 introduced general

principles for land development38 providing that all administrative practices and laws relating to land development in South Africa should "discourage the phenomenon of urban sprawl" in urban areas and contribute to the development of more integrated and compact towns and cities.39 The urban edge at that stage gained popularity as a tool to address these principles.40 Although serious attempts were made to resolve the planning issues created by the apartheid regime, progress was negatively impacted as the RDP was tainted with corruption and the (now repealed) DFA41 became the object of a Constitutional Court dispute that resulted in Chapters V and VI of the Act being declared invalid and eventually led to the Act's demise.42

SPLUMA43 replaced the DFA44 and is significant as it was introduced to address the inequalities of the apartheid planning system. In addition, various new planning tools were implemented such as land development objectives,45 environmental impact assessments (EIAs),46 integrated development plans (IDPs),47 spatial development frameworks (SDFs),48 the designation of different types of protected areas, urban edge lines and

marine set-back delineations. To this one can add other newly introduced principles and policies49 such as the international Sustainable Development Goals 2015-2030 Goal 1150 and the New Urban Agenda51 and nationally, the National Development Plan (NDP),52 the National Spatial Development Framework (NSDF)53 and the Integrated Urban Development Framework (IUDF).54

As the previous dispensation in South Africa had created an extraordinarily complex legal framework for land use management relating to the different segregated areas, the process of repealing and replacing the "plethora55 of segregation-based legislation" has taken much longer than anticipated.56 However, it became clear that "urban sprawl' had to be curtailed. After international case studies had been consulted, the idea of an urban edge was proposed57 as a growth management tool to achieve a compact city form, and the implementation of the urban edge was expected to be the solution to the problem.

3 The urban edge in South Africa

After 1994 it became necessary to consider the principles of compaction and urban growth management so that transformation of the "inefficient and fragmented landscape" that had been inherited could take place.58 However, explicit reference to the "urban edge" and to the use of urban

edges in South African planning and environmental legislation, policy documents, guidelines and regulations are sparse.59

Usually, different developments are prescribed inside the urban edge and outside the urban edge. The inside of the urban edge generally includes higher densities, residential developments, industrial and commerce sectors with high traffic circulation and a need for substantial infrastructure, whereas on the outside of the urban edge usually only rural types of development are permitted.60 There is an option to indicate an urban edge in a municipal SDF drawn up as part of an IDP.61 Municipalities were advised by Government62 to reflect the urban edge in their first round of IDPs. The urban edge thus gained legal standing on a municipal level.63 SPLUMA now regulates the formulation of an SDF and the inclusion of a planned urban boundary or urban edge.64 The requirement that an IDP must (through the SDF) reflect the spatial form of the city65 leads to a more certain status for the urban edge. This gives it the "subordinate legislation" status proposed by Rogers AJ in the Shelfplett case.66 Indicating an urban edge in the SDF compels decision-makers to have regard to it.67

The implementation of the urban edge in South Africa is an indication of the multi-faceted objectives it is expected to address in relation to spatial planning. For a proper assessment and critical evaluation of the urban edge it is important to consider its various definitions and ascertain what an ideal definition of the concept of the urban edge would be.

4 Existing descriptions, comments and definitions of the urban edge

The urban edge has been defined and described in many ways. Most descriptions seem to focus on a line drawn on a map that leaves no room for the transition from urban uses to more rural uses.68 The word "rural" suggests remote farming areas, and "urban" suggests the economic activities associated with the built environment.69 They are usually viewed as separate and exclusive.70

Different definitions of the urban edge have been proposed by various writers, thereby confusing the issue. In a simple glossary definition explaining the concept, Van Wyk71 accepts that the "urban edge" is a zoning category and defines it as a boundary that has been identified, which includes "all existing and proposed future areas for urban development" in which a local authority is/will be able to provide services. The Cape Town SDF72 defines the urban edge as a "policy tool" to be "used by provincial and local planning authorities in South Africa, to contain urban sprawl and promote densification". Horn73 defines the "edge" as an institutional boundary for the "purpose of containing physical development and sprawl and re-directing growth towards a more integrated, compact and efficient urban form".74 Cilliers75 refers to the urban development boundary or urban edge as a zoning tool76 used to direct urban growth towards a more sustainable form, while Tonkin77 defines it as a "polygon drawn around a

city".78 Marin,79 on the other hand, defines the urban edge as a legally enforceable line that separates developable land from rural land around cities and thereby allows local governments to direct the type and timing of development projects. Britz and Meyer80 describe it as an "urban growth boundary" or as a long-term boundary serving as a proactive growth management tool that seeks to contain, control, direct or phase growth to promote more compact, contiguous urban development. The Central Spatial Development Plan of the eThekwini Municipality also regards the urban edge as a line or boundary beyond which development and densification should be curtailed to ensure that there is an area of rural periphery or hinterland which is different in character to the urban areas and also has different servicing needs and different lifestyles.81

These different definitions of the urban edge include concepts such as: (a) the urban edge must act as a growth boundary; (b) it must be a conservation tool; (c) a tool to enforce density targets and development patterns within a specific time horizon; (d) be a planning tool or a zoning tool; or (e) a tool to protect and preserve the agricultural, rural and natural assets, to mention a few.82 It is said that the urban edge must not be merely a guideline that is moving increasingly closer to becoming "just-a-line-on-a-map".83

These viewpoints are further expanded in the NSDF, that describes the urban edge as a "line that is used as a border" that distinguishes between an area/region that is regarded as "part of a city or town" and its "surrounding natural or rural area" with its primary purpose being to "contain the urban".84 This means that urban development is not permitted and municipal services are not provided outside/beyond the line. What is clear

in the draft NSDF is that "sprawl [must] be prevented by using urban edges".85

There is also the opinion that the urban edge was not meant to be a strict management tool but rather a "broad guideline for future development proposals and short-term control measures that would ultimately fall away" as more detailed growth management approaches and practices are developed and refined.86

5 Court decisions regarding the urban edge

Apart from the urban edge being referred to in policies and plans, the courts have also had to make decisions regarding the urban edge. The urban edge was discussed in MEC for Environmental Affairs and Development Planning v Clairison's CC87 (hereinafter the Clairison's case) and was referred to as a "planning tool that serves as a guide in restricting the outward growth of urban settlements". In Shelfplett 47 (Pty) Ltd v MEC for Environmental Affairs and Development Planning88 (hereinafter the Shelfplett case) the court referred to the Western Cape Urban Edge Guideline and its definition of an urban edge as "a line drawn around an urban area as a growth boundary" that marks the transition between rural and urban land uses. The urban edge was central to the decision in the Shelfplett case. According to this case, while the concept was not defined in the Knysna Municipality SDF, it did confirm that the objective of the urban edge or edge demarcation was to provide a clear direction on where growth should be discouraged and where it should be encouraged.89

In the matter of Durbanville Community Forum v Minister of Environmental Affairs and Development Planning Provincial Government Western Cape90 approval of a property development outside the urban edge was challenged as various planning documents did not encourage urban development on property outside the urban edge. The court held that other factors and unique circumstances justified the decision by the local authority to permit

the development.91 Making a decision relating to the urban edge is classed as administrative action that may not be interfered with92 if it is a bona fide and rational decision of a local authority.93

Although these court decisions provide good guidelines to the interpretation of the urban edge, they do not stipulate how the urban edge should be implemented. This aspect will be addressed in the following paragraph.

6 Implementing the urban edge successfully

The UN conducted a survey in 201994 to assess the effectiveness of planning law in sub-Saharan Africa. One of the criteria chosen to aid in this assessment was the existence of an urban growth boundary or urban edge that separates urban or built-up areas from non-urban land such as agrarian, forested, and environmentally protected land.95 In the UN survey the urban edge is regarded as an indicator of a country's policy of compactness. The survey distinguishes between an "explicit boundary line" (set by either a spatial plan or a regulatory instrument) and an "implicit boundary line" that is established by the accumulated boundaries of land use zones in spatial plans, and the two South African cities surveyed were found to have explicit boundaries in the form of urban edges.

The mere existence of an urban edge is no guarantee of its successful implementation. There are additional factors that need to be considered that impact on its success or failure. For successful during implementation local authorities must carefully reconsider their growth management strategies and focus on promoting concepts previously ignored, like infill development, redevelopment, densification, mixed-use development and streamlining their planning administration procedures.96 It has been suggested globally that to resolve the related problems of urban sprawl something more than the mere declaration of an urban edge or development boundary is

required.97 A growth management strategy may need a range of tools as opposed to merely the delineation of an urban edge. Mechanisms that support the urban edge in ensuring the containment and direction of urban growth should be promoted.98 If the urban edge becomes part of a "comprehensive, multi-disciplinary" framework that "integrates all development disciplines"99 this will assist in making it successful.100 In addition, local authorities must be mindful of the fact that the conservation of nature and the environment represents one dimension of sustainability and that they should strive to achieve a balance between social, environmental, economic and even cultural considerations to make a city sustainable.101

The sound use of an urban edge would promote the effective use of infrastructure, make a town more compact by increasing its density and reducing urban sprawl, and would at the same time protect the environment.102 The urban edge should direct urban growth with a view to limiting urban expansion and ensuring compact urban environments even close to the edge.103 The urban edge should, as stated above, ensure planned urban areas in contrast to unplanned areas that are characterised by urban sprawl and insufficient infrastructure.104

It is now clear to planners that there are interdependencies between urban and rural areas that should be enhanced.105 Agricultural land outside the urban edge is usually reserved for agricultural purposes and protected and

permitting planned development around this area on the urban side may be considered to create meaningful integration and strengthen linkages.106 The suggestion is that the development areas inside the urban edge but close to the periphery may need to become integrated with better transport, communications, and migration.107 These strong linkages would enhance growth and the flow of resources so that they would have major economic and social benefits.108 This adaptation would mean that in certain unique circumstances a qualitative zoning approach might have to be considered rather than a focus on separation.109

Landman110 regards sustainable development in a city as the process of maintaining a dynamic balance between the demands of the people and that which is ecologically possible.111 The objectives of the urban environment must include spatial, environmental and transportation factors. to ensure a balance between "the built-up areas and the open spaces as well as a balance between consumption and resources".112

A well-managed city or town is said to be one that "finds a balance between the restraint of development (for the compactness of the city) and sprawl (which is often driven by the cost of land and results in the spreading out of the city or town)".113

Managing urban edges presents challenges for local authorities as it is difficult to determine how much land should be included inside the boundary.114 An urban edge demarcation must have land reserves to accommodate urban growth and if the boundary is drawn "too tightly" it can stifle economic growth (and lead to land price increases). On the other hand, the inclusion of too much land inside the urban edge may result in

"unchecked urban sprawl and its associated environmental, social and financial costs".115

Approvals to extend the urban edge are criticised in certain cases for being political decisions that clearly go against the city's urban edge guidelines.116 They result in unwanted consequences such as reinforcing sprawl, initiating costly infrastructure, promoting the use of private vehicles or even promoting segregation by excluding poor and black people.117 Economic and political processes become open to negotiation and networking, with the state ending up "circumventing control and regulation".118

Resolving the conflict and shortcomings of the urban edge will mean adopting an acceptable definition that will include the relevant aspects referred to in section 24 of the Constitution and that is indicative of a compact and sustainable built environment that protects the natural environment.

7 Proposing an ideal definition of the urban edge

The demarcation and periodic review of the urban edge is an important and complex exercise. It was considered necessary to define the urban edge to avoid confusion relating to its implementation or review by a local authority. As the urban edge is sometimes depicted in a municipal SDF in terms of SPLUMA and is a planning tool,119 it is recommended that the definition be authorised by and included in SPLUMA. The proposed definition of this rather complex concept incorporates various aspects borrowed from other definitions. "Reviewable tool" and "transition area" are such aspects. However, the various definitions (including a definition of the urban edge in the NSDF)120 are lacking, because that they do not address issues such as "sustainability" and the "norms" that are set out in section 24 of the Constitution. The elements included in the writer's proposed definition are regarded as being integral to the definition of the urban edge.

Against this background, an apt definition of this rather complex concept121 is offered below. It incorporates the various recommended aspects of the urban edge and adds some that have so far been missing:122

The urban edge (urban boundary or urban growth boundary) is a reviewable123 tool124 implemented by local government125 in planning law to carefully126 demarcate an area where a transition127 occurs from urban land use to rural land use128 in order to promote a compact129 and efficient130 town or city in

accordance with justifiable economic,131 social,132 and sustainable development norms133 as required in the Constitution134 and in terms of spatial development principles.

The NSDF and following it the municipal SDFs must take their cue from SPLUMA and should include the definition. Because of this, any decision taken by a local authority in connection with the implementation or review of an urban edge (either when the municipal SDF is updated every five years or when an application is made to extend the urban edge)135 must take cognisance of the following factors. In terms of section 153 of the Constitution,136 local authorities as opposed to provincial authorities have the final say regarding the urban edge as it forms a part of municipal planning. Abiding by this requirement would help resolve the issues of political interference presently faced by cities in South Africa with regard to urban edge decisions.137 It is also important that the urban edge must be implemented and managed in accordance with the principles of the Constitution, SPLUMA, the IDP, the draft NSDF, municipal SDFs, the NDP and the IUDF, any urban edge guidelines and frameworks as well as the environmental tools and policies promoted in the National Environmental Management Act 107 of 1998 (NEMA) for use by municipalities when making planning decisions.138

In addition, the implementation and management of the urban edge must promote a compact and efficient town or city and avoid sprawl.139 When a city is compact and efficient it is more prosperous and more liveable.140 It is a SPLUMA requirement that the drafting of the SDF (which may depict an urban edge) must consider all environmental management instruments that are applicable.141

Likewise, it is also crucial that the principles of NEMA be considered when making decisions relating to the urban edge.142 This would ensure, amongst other things, that adverse environmental impacts are not targeted at poorer sectors of the community.143 In terms of the precautionary and preventative principles in NEMA, care must be taken to avoid costly errors, as it is more beneficial to prevent environmental harm than to remedy damage.144

A municipality must also consider the urban edge holistically so that its demarcation is neither too restrictive nor too permissive.145 If it is too restrictive, this will prevent necessary development and if it is too permissive, this will encourage sprawl.146 Municipalities’ environmental implementation and management plans, environmental management frameworks (EMFs)147 and strategic environmental frameworks (SEAs),148 although they are legally mandated through NEMA149 and not SPLUMA, need to be taken into account by municipalities when they take decisions relating to the urban edge.150 They are effective, environmentally-focussed spatial development tools that help municipalities make informed and sustainable planning decisions as they identify areas where specified activities should not take place.151 The EMF and SDF must be required to indicate the urban edge as demarcated by the municipality, and the demarcation must be the same in both documents to avoid conflict.152 It is proposed that the urban edge should exclude sensitive areas and that they should be located outside the urban edge to ensure additional protection for such areas.

It is recommended that areas for development should be inside the urban edge so that the development potential there is maximised.153 Section 24 of the Constitution and the balancing of economic, social and environmental norms154 are important when demarcating, implementing and managing the urban edge. Other planning and environmental plans and policies that promote sustainable development and public participation are also important as they are in accordance with international norms.155

A transition zone156 is referred to in the writer's definition of an urban edge to imply an area that is less rigid and does not separate the rural from the urban.157 Under the previous regime, urban and rural areas were regarded as totally separate.158 The term "transition zone" is indicative of the integration and linkages that must be promoted between these areas.159 The importance of urban-rural linkages near the urban edge is referred to in the draft NSDF.160 It calls for the protection of rural areas and stresses the importance of agriculture and urban-rural linkages. Urban-rural linkages are useful as they create jobs and opportunities for people from rural areas; provide agricultural products to cities, help with poverty reduction for both

sectors, have the capacity to create national markets and trade networks, and promote tourism.161 They are also used to address inequality and environmental challenges on the periphery of cities.162 While the economic and social benefits are often acknowledged, the environmental benefits of urban-rural linkages are now being recognised. They help reduce sprawl, protect the environment, prevent degradation and are an ideal way to complement the role played by the urban edge. In this way they enhance and improve the effectiveness of the urban edge. Linkages must not be promoted in areas of critical biodiversity or sensitive areas163 as identified by the National Environmental Management: Biodiversity Act,164 the National Environmental Management: Protected Areas Act165 and even the National Environmental Management: Integrated Coastal Management Act.166 To be effective, proper infrastructure, roads and transport must be made available and infrastructure in terms of the Infrastructure Development Act must be used to facilitate the linkages between the urban and rural areas. The draft NSDF refers to regional-rural models that must be identified in the IDP and SDF of a municipality.167 Linkages play an

important role and must be considered in municipal or regional SDFs to enable them to reach their full potential.168

8 Conclusion

The urban edge plays a vital role in eliminating sprawl and must be implemented and managed correctly to be effective. There is an urgent need to resolve the problem of sprawling developments near the periphery of cities in South Africa and it is important that the implementation and management of the urban edge by local government is carefully considered against the background of the definition proposed above. This article has considered the urban edge against the background of the historical legacies of apartheid. It was found that the concept of an urban edge led to different meanings and interpretations. In the Clairison's case169 the court referred to the urban edge as a "planning tool that serves as a guide in restricting the outward growth of urban settlements". Municipalities are the implementers of the urban edge. Although defined in documents and referred to in legislation there is still confusion. This article has proposed a broader definition of the urban edge that could be included in the SPLUMA and policy documents. This definition could assist municipalities make decisions regarding the urban edge or development that may occur in transitional areas. The article therefore also proposes factors that could be used in decision-making.

Bibliography

Literature

Batty and Longley Fractal Cities

Batty M and Longley P Fractal Cities: A Geometry of Form and Function (Academic Press London 1994)

Bray 1998 SAJELP

Bray E "Towards Sustainable Development: Are We on the Right Track?" 1998 SAJELP 1-15

Britz and Meyer 2006 Town Plan Rev

Britz A and Meyer E "Whose Line is it Anyway? The Origin and Evolution of

the Gauteng Urban Edge" 2006 Town Plan Rev 205-219

Cape Metropolitan Council Metropolitan Spatial Development Framework

Cape Metropolitan Council The Metropolitan Spatial Development Framework for the Cape Metropolitan Area (Cape Metropolitan Council Cape Town 2000)

Cilliers 2009 IJHSS

Cilliers EJ "The Urban Development Boundary as a Planning Tool for Sustainable Urban Form: The South African Situation" 2009 IJHSS 942-947

Cilliers and Schoeman 2008 WIT Trans Ecol Environ

Cilliers EJ and Schoeman CB "The Urban Development Boundary as a Planning Tool for Sustainable Urban Form" 2008 WIT Trans Ecol Environ 85-94

City of Cape Town Spatial Development Framework

City of Cape Town Cape Town Spatial Development Framework (City of Cape Town Spatial Planning and Urban Design Department Cape Town 2012)

Coetzee 2012 Town Reg Plan

Coetzee J "The Transformation of Municipal Development Planning in South Africa (Post-1994): Impressions and Impasse" 2012 Town Reg Plan 10-20

Department of Cooperative Governance Integrated Urban Development Framework

Republic of South Africa Department of Cooperative Governance and Traditional Affairs Integrated Urban Development Framework: A New Deal for South African Cities and Towns (Department of Cooperative Governance and Traditional Affairs Pretoria 2016)

Department of Environmental Affairs and Tourism and CSIR Strategic Environmental Assessment in South Africa

Republic of South Africa Department of Environmental Affairs and Tourism and Council for Scientific and Industrial Research Strategic Environmental Assessment in South Africa: Guideline Document (Department of Environmental Affairs and Tourism Pretoria 2000)

Department of Housing Urban Development Framework

Republic of South Africa Department of Housing Urban Development Framework (Department of Housing Pretoria 1997)

Du Plessis 2017 LDD

Du Plessis A "The Readiness of South African Law and Policy for the Pursuit

of Sustainable Development Goal 11" 2017 LDD 239-262

Du Plessis and Du Plessis "Striking the Sustainability Balance"

Du Plessis W and Du Plessis AA "Striking the Sustainability Balance in South Africa" in Faure M and Du Plessis W (eds) The Balancing of Interests in Environmental Law in Africa (Pretoria University Law Press Pretoria 2012) 406-458

Du Plessis and Van der Berg 2014 Stell LR

Du Plessis AA and Van der Berg A "RA Le Sueur v eThekwini Municipality 2013 JDR 0178 (KZP): An Environmental Law Reading" 2014 Stell LR 580-594

Geyer et al 2011 Town Reg Plan

Geyer H et al "Land Quality, Urban Development and Urban Agriculture within the Cape Town Urban Edge" 2011 Town Reg Plan 41-52

Glazewski Environmental Law

Glazewski J Environmental Law in South Africa 2nd ed (LexisNexis Butterworths Durban 2005)

Govindjee Addressing the Conflict Between Property Development and the Environment

Govindjee U Addressing the Conflict Between Property Development and the Environment when Such Conflict Occurs within the Urban Edge: Legal Considerations (LLD-thesis North-West University 2021)

Holness "Right to Just Administrative Action"

Holness D "The Right to Just Administrative Action" in Govindjee A (ed) Introduction to Human Rights Law 2nd ed (LexisNexis Butterworths Durban 2016) 219-223

Horn 2010 Eur Spat Res Policy

Horn A "Telling Stories: A History of Growth Management in the Gauteng Province" 2010 Eur Spat Res Policy 41-54

Horn 2018 Plan Perspect

Horn A "The History of Urban Growth Management in South Africa: Tracking the Origin and Current Status of Urban Edge Policies in Three Metropolitan Municipalities" 2018 Plan Perspect 1-19

Horn Analysis of an Urban Edge

Horn A An Analysis of an Urban Edge as Urban Growth Management Instrument: Cape Town, South Africa (PhD-thesis Stellenbosch University 2019)

Horn Life and Death of Urban Growth Management

Horn A The Life and Death of Urban Growth Management in the Gauteng Province (Master's thesis University of Pretoria 2009)

Howard Garden Cities of Tomorrow

Howard E Garden Cities of Tomorrow (Faber & Faber London 1965)

Jansen van Rensburg and Campbell 2012 Urban Forum

Jansen van Rensburg JD and Campbell MM "The Management of Urban Sprawl by Applying an Urban Edge Strategy" 2012 Urban Forum 61-72

Kidd Environmental Law

Kidd M Environmental Law 2nd ed (Juta Cape Town 2011)

Kotzé "Regulation of Environmental Pollution"

Kotzé LJ "The Regulation of Environmental Pollution" in Du Plessis A (ed) Environmental Law and Local Government in South Africa (Juta Cape Town 2015) 241-271

Landman Sustainable Urban Village Concept

Landman K Sustainable Urban Village Concept: Mandate, Matrix or Myth? (CSIR Building and Construction Technology Pretoria 2003)

Laubscher et al SPLUMA

Laubscher N et al SPLUMA: A Practical Guide (LexisNexis Durban 2016)

Marin 2007 Urban Aff Rev

Marin MC "Impacts of Urban Growth Boundary Versus Exclusive Farm Use Zoning on Agricultural Land Uses" 2007 Urban Aff Rev 199-220

Nelson and Peterman 2000 JPER

Nelson AC and Peterman DR "Does Growth Management Matter? The Effect of Growth Management on Economic Performance" 2000 JPER 277-285

Njuguna et al Effectiveness of Planning Law

Njuguna S et al Effectiveness of Planning Law in Sub-Saharan Africa (UN-Habitat Nairobi 2019)

NPC National Development Plan 2030

National Planning Commission National Development Plan 2030: Our Future - Make it Work (National Planning Commission Pretoria 2012)

Oranje and Van Wyk 2019 Town Reg Plan

Oranje M and Van Wyk J "Land (and Settlement) Reform Post-expropriation: Shifting the Focus to the 'Sustainable Human Settlement Development' Imperative" 2019 Town Reg Plan 112-124

Parramon-Gurney "Marine and Coastal Management"

Parramon-Gurney M "Marine and Coastal Management" in Du Plessis A (ed) Environmental Law and Local Government in South Africa (Juta Cape Town 2015) 781-819

Pekelharing Phenomenon of the Urban Edge

Pekelharing EJ The Phenomenon of the Urban Edge as a Planning Tool for Compact Cities: An International and Local Comparison (Master's dissertation North-West University 2005)

Pienaar Land Reform

Pienaar JM Land Reform in South Africa (Juta Cape Town 2014)

Retief and Cilliers "Land-use Management and Planning"

Retief F and Cilliers D "Land-use Management and Planning" in Du Plessis A (ed) Environmental Law and Local Government in South Africa (Juta Cape Town 2015) 563-586

Rural Development Task Team Rural Development Framework

Rural Development Task Team Rural Development Framework (Department of Land Affairs Pretoria 1997)

Sinclair-Smith 2014 Urban Forum

Sinclair-Smith K "Methods and Considerations for Determining Urban Growth Boundaries: An Evaluation of the Cape Town Experience" 2014 Urban Forum 313-333

Strauss Right to the City

Strauss M A Right to the City for South Africa's Urban Poor (LLD-thesis Stellenbosch University 2017)

Tonkin Sustainable Medium-density Housing

Tonkin A Sustainable Medium-density Housing: A Resource Book (Development Action Group Cape Town 2008)

Van der Berg Municipal Planning Law and Policy

Van der Berg A Municipal Planning Law and Policy for Sustainable Cities in South Africa (LLD-thesis North-West University 2019)

Van der Berg "Pursuit of Sustainable Development Goal 11"

Van der Berg A "The Pursuit of Sustainable Development Goal 11 through the Lens of Integrated Development Planning" in Aust H and Du Plessis AA (eds) The Globalization of Urban Governance (Routledge New York 2018) 182-199

Van Niekerk 2018 Town Reg Plan

Van Niekerk B "Housing as Urbanism: A Policy to Discourage Urban Sprawl and Provide Well-located and Affordable Housing in South Africa" 2018 Town Reg Plan 68-82

Van Wyk 2010 PELJ

Van Wyk J "Parallel Planning Mechanisms as a 'Recipe for Disaster'" 2010 PELJ 214-234

Van Wyk "Law on Planning and the Environment"

Van Wyk J "The Law on Planning and the Environment" in Fuggle RF and Rabie MA (eds) Environmental Management in South Africa 3rd ed (Juta Cape Town 2018) 1131-1176

Van Wyk Planning Law

Van Wyk J Planning Law 3rd ed (Juta Cape Town 2020)

Western Cape Provincial Urban Edge Guideline

Western Cape Department of Environmental Affairs and Development Planning Provincial Urban Edge Guideline (Western Cape Provincial Government Cape Town 2005)

Wiley Urban Edge

Wiley D The Urban Edge: A Spatial Planning Tool or Device for Land Development Management: A Western Cape Perspective (LLM-dissertation University of Cape Town 2016)

Case law

Blue Crane Country Estate (Pty) Ltd v National Minister of Agriculture, Forestry and Fisheries (3925/2014) [2015] ZAGPPHC 149 (23 March 2015)

City of Johannesburg Metropolitan Municipality v Gauteng Development Tribunal 2010 6 SA 182 (CC)

Durbanville Community Forum v Minister for Environmental Affairs and Development Planning Provincial Government Western Cape 2015 2 All SA 187 (WCC)

Fuel Retailers Association of Southern Africa v Director-General: Environmental Management, Department of Agriculture, Conservation and Environment, Mpumalanga Province 2007 6 SA 4 (CC)

Le Sueur v Ethekwini Municipality (9714/11) [2013] ZAKZPHC 6 (30 January 2013)

MEC for Agriculture, Conservation, Environment and Land Affairs v Sasol

Oil (Pty) Ltd 2006 5 SA 483 (SCA)

MEC for Environmental Affairs and Development Planning v Clairisons CC 2013 6 SA 235 (SCA)

Philippi Horticultural Area Food and Farming Campaign v MEC for Local Government, Environmental Affairs and Development Planning: Western Cape 2020 3 SA 486 (WCC)

Shelfplett 47 (Pty) Ltd v MEC for Environmental Affairs and Development Planning 2012 3 SA 441 (WCC

Wary Holdings (Pty) Ltd v Stalwo (Pty) Ltd 2009 1 SA 337 (CC)

Legislation

Abolition of Influx Control Act 68 of 1986

Black Land Act 27 of 1913

Constitution of the Republic of South Africa, 1996

Development Facilitation Act 67 of 1995

Infrastructure Development Act 23 of 2014

Land Use Planning Ordinance 15 of 1985 (Cape)

Local Government: Municipal Systems Act 32 of 2000

Local Government Transition Act 209 of 1993

National Environmental Management Act 107 of 1998

National Environmental Management: Biodiversity Act 10 of 2004

National Environmental Management: Integrated Coastal Management Act 24 of 2008

National Environmental Management: Protected Areas Act 57 of 2003

Spatial Planning and Land Use Management Act 16 of 2013

Subdivision of Agricultural Land Act 70 of 1970

Town Planning Ordinance 27 of 1949 (Natal)

Town-planning and Townships Ordinance 15 of 1986 (Transvaal)

Townships Ordinance 9 of 1969 (Orange Free State)

Government documents

GN 805 in GG 35769 of 10 October 2012 (Companion to the Environmental Impact Assessment Regulations)

GN 806 in GG 35769 of 10 October 2012 (Environmental Management Framework Guideline for Implementation)

GN R796 in GG 22605 of 24 August 2001 (Local Government: Municipal Planning and Performance Management Regulations)

GN R982 in GG 38282 of 4 December 2014 (Environmental Impact Assessment Regulations)

Green Paper on Development Planning (1999)

White Paper on Environmental Management and Policy (1997)

White Paper on Local Government (1998)

Internet sources

Department of Rural Development and Land Reform 2019 https://static.pmg.org.za/200120Draft_NSDF.pdf

Republic of South Africa Department of Rural Development and Land Reform 2019 Draft National Spatial Development Framework https://static.pmg.org.za/200120Draft_NSDF.pdf accessed 1 February 2022

eThekwini Municipality 2009 http://www.durban.gov.za/Documents/City_

Government/Development_Planning_Management/Draft%20Central%20Spatial%20Development%20Plan.%20June%202009.pdf

eThekwini Municipality 2009 Draft Central Spatial Development Plan http://www.durban.gov.za/Documents/City_Government/Development_Planning_Management/Draft%20Central%20Spatial%20Development%20Plan.%20June%202009.pdf accessed 20 November 2020

Knysna Municipality 2017 https://vdocuments.mx/document/draft-knysna-spatial-development-framework-figure-16-knysna-spatial-vision.html

Knysna Municipality 2017 Draft Knysna Spatial Development Framework Strategic Synthesis https://vdocuments.mx/document/draft-knysna-spatial-development-framework-figure-16-knysna-spatial-vision.html accessed 5 December 2020

Ndabeni 2015 http://www.cogta.gov.za/cgta_2016/wp-content/uploads/

2016/05/ANALYSIS-OF-RURAL-URBAN-LINKAGES-AND-THEIR-IMPLICATIONS.pdf

Ndabeni L 2015 An Analysis of Rural-urban Linkages and their Implications for Policies that Sustain Development in a Space Continuum http://www.cogta.gov.za/cgta_2016/wp-content/uploads/2016/05/ANALYSIS-OF-RURAL-URBAN-LINKAGES-AND-THEIR-IMPLICATIONS.pdf accessed 17 August 2020

UN Date unknown http://www.un.org/sustainabledevelopment/sustainable-development-goals/

United Nations Date unknown Sustainable Development Goals http://www.un.org/sustainabledevelopment/sustainable-development-goals/ accessed 20 July 2017

UN 2016 https://habitat3.org/the-new-urban-agenda/

United Nations 2016 The New Urban Agenda (Habitat III) https://habitat3.org/the-new-urban-agenda/ accessed 23 October 2017

UN 2019 https://sustainabledevelopment.un.org/content/ documents/24797GSDR_report_2019.pdf

United Nations 2019 The Future is Now: Global Sustainable Development Report 2019 https://sustainabledevelopment.un.org/content/ documents/24797GSDR_report_2019.pdf accessed 7 October 2020

UN-Habitat 2019 https://unhabitat.org/sites/default/files/documents/2019-06/effectiveness_of_planning_law_in_sub_sahara_bookweb-un_habitat.pdf

UN-Habitat 2019 The Effectiveness of Planning Law in Sub-Saharan Africa https://unhabitat.org/sites/default/files/documents/2019-06/effectiveness_of_planning_law_in_sub_sahara_bookweb-un_habitat.pdf accessed 1 February 2022

Western Cape 2005 https://www.environment.gov.za/sites/ default/files/docs/provincialurbanedgeguideline.pdf

Western Cape Department of Environmental Affairs and Development Planning 2005 Provincial Urban Edge Guideline https://www.environment.gov.za/sites/default/files/docs/provincialurbanedgeguideline.pdf accessed 17 November 2017

List of Abbreviations