Spatial Planning and Land Use Management Act, 2013 (Act No. 16 of 2013)

Regulations

Spatial Planning and Land Use Management Regulations: Land Use Management and General Matters, 2015

Chapter 3 : Land Development and Land Use Applications

15. Categories of land development and land use applications
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(1)If a municipality decides not to authorise an official to consider and determine certain land development and land use applications, the Municipal Planning Tribunal must consider and decide all land use and land development and land use applications that is submitted to the municipality.

 

(2)If a municipality authorises an official to consider and determine certain land development and land use applications as contemplated in section 35(2) of the Act, it must consider the following aspects in its categorisation of land development and land use applications:
(a)type of land development or land use application;
(b)scale and nature of the land development or land use application;
(c)the potential impact of the right granted if the land development or land use application is approved;
(d)the level of public participation required;
(e)whether or not the land development or land use application is in line with the municipality's spatial development framework and other relevant policies;
(f)any other aspect that the municipality considers appropriate; or
(g)any combination of the aspects referred to in paragraph (a) to (f).

 

(3)If the municipality decides to categorise land development and land use applications according to the type of application referred to in subregulation 2(a), it may use the standard categorisation of land development and land use applications contained in provincial legislation or contemplated in Schedule 5, subject to any modifications and qualifications as the municipality deems necessary.

 

(4)The municipality must determine which category of land development and land use application must be considered and determined by the authorised official and which category must be considered and determined by the Municipal Planning Tribunal and may use the standard division of functions contained in Schedule 5.