Spatial Planning and Land Use Management Act, 2013 (Act No. 16 of 2013)Chapter 6 : Land Development ManagementPart C : Processes of Municipal Planning Tribunals40. Determination of matters before Municipal Planning Tribunals |
| (1) | A Municipal Planning Tribunal may designate at least three members of the Tribunal to hear, consider and decide a matter which comes before it. |
| (2) | The persons designated in terms of subsection (1) must include at least one member who is not a municipal official. |
| (3) | The chairperson must designate one of the members referred to in subsection (1) to be the presiding officer. |
| (4) | A Municipal Planning Tribunal must consider and determine all applications lawfully referred or submitted to it. |
| (5) | A Municipal Planning Tribunal must keep a record of all its proceedings. |
| (6) | A Municipal Planning Tribunal must provide reasons for any decision made by it. |
| (7) | A Municipal Planning Tribunal may— |
| (a) | approve, in whole or in part, or refuse any application referred to it in accordance with this Act; |
| (b) | in the approval of any application, impose any reasonable conditions, including conditions related to the provision of engineering services and the payment of any development charges; |
| (c) | make an appropriate determination regarding all matters necessary or incidental to the performance of its functions in terms of this Act and provincial legislation; |
| (d) | conduct any necessary investigation; |
| (e) | give directions relevant to its functions to any person in the service of a municipality or municipal entity; |
| (f) | decide any question concerning its own jurisdiction; or |
| (g) | appoint a technical adviser to advise or assist in the performance of the Municipal Planning Tribunal’s functions in terms of this Act. |
| (8) | A decision of a majority of members of the Municipal Planning Tribunal, is a decision of the Municipal Planning Tribunal, and in the event of an equality of votes the presiding officer has a deciding vote. |
| (9) | A Municipal Planning Tribunal must decide a land use application without undue delay and within a prescribed period. |