Regulations published yesterday in Notice R610 of Government Gazette 37899 spell out the role of the Housing Development Agency (HDA) in identifying and declaring a municipal priority housing development area, preparing an appropriate plan and implementing it, writes Pam Saxby for Legalbrief Policy Watch. Among other things, the process entailed includes consulting the owner of the land earmarked for development - as well as any authorities and other parties with a 'legally recognised interest' in it and likely to be impacted by the development concerned.
In finalising the plan, the regulations require the HDA to consult the Minister on a range of issues including: funding; any obstacles encountered during the process; participants refusing to co-operate; changes in circumstances; and delays. No priority housing development area may be declared without the Minister's approval, upon receipt of which the ensuing project is deemed a 'dedicated' national housing programme as defined in section 1 of the 1997 Housing Act.
According to section 1, the term 'national housing programme' refers to any national policy framework to facilitate housing development - including any housing assistance or other measure/ arrangement aimed at: assisting persons who cannot independently provide for their own housing needs; facilitating housing delivery; or rehabilitating and upgrading existing housing stock, including municipal services and infrastructure.
The regulations also provide for the development of an implementation protocol for affected organs of state and housing institutions aimed at facilitating, assisting, supporting and funding the programme's implementation - as well as a 'separate agreement' with the private sector 'where applicable'.
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