Spatial Planning and Land Use Management Act, 2013 (Act No. 16 of 2013)RegulationsSpatial Planning and Land Use Management Regulations: Land Use Management and General Matters, 2015Chapter 3 : Land Development and Land Use Applications16. Timeframes for land development and land use applications |
| (1) | This regulation applies if no applicable provincial legislation or municipal by-laws have been promulgated that provide timeframes for land development and land use applications or a mechanism for regulating circumstances of apparent undue delay by the Municipal Planning Tribunal or authorised official. |
| (2) | For the purpose of this regulation, a land development and land use application will be subjected to an administrative phase, a consideration phase and a decision phase. |
| (3) | The administrative phase commences only after a complete land development and land use application is submitted to a municipality and the components of this phase contemplated in subregulation (6) for which the municipality is responsible, may not be longer than 12 months. |
| (4) | The consideration phase may not be longer than 3 months. |
| (5) | The decision must be made within 30 days from the last meeting of the Municipal Planning Tribunal or the authorised official. |
| (6) | The administrative phase is the phase during which all public participation notices must be published and responded to, parties must be informed, public participation processes finalised, intergovernmental participation processes finalised and the application referred to the Municipal Planning Tribunal or authorised official for consideration and decision-making. |
| (7) | The consideration phase is the phase during which the Municipal Planning Tribunal or authorised official must consider the application, whether it be a written or oral proceeding, and undertake investigations, if required. |
| (8) | If no decision is made within the period referred to in subregulations (3), (4) or (5), it is considered undue delay for purposes of the Act and the applicant or interested person may report the non-performance of the Municipal Planning Tribunal or authorised official to the municipal manager, who must report it to the municipal council and mayor. |
| (9) | If at any time during the administrative phase the applicant fails to act or provide the necessary information within the timeframe required by the municipality, the application is deemed to be refused by the Municipal Planning Tribunal or authorised official. |
| (10) | If an organ of state which is requested to provide comment on an application does not provide comment in the timeframe permitted by the municipality or any further extension of the period granted by the municipality for that comment, it is deemed that the organ of state has no objection to the application and the granting of the right applied for in the application and the Municipal Planning Tribunal or authorised official may report that non-performance to the executive authority of that organ of state, the Minister and relevant MEC. |