The KwaZulu-Natal Planning and Development Act APPLICATION PROCESS Schedule 1

WHO MAY INITIATE AN APPLICATION A municipality (owns the land) the owner of the land, including an organ of state; a person acting with the written consent of the owner of the land. MULTIPLE APPLICATIONS The PDA makes provision for simultaneous consideration of multiple applications at the same time. Only one public consultation process is required and one advert.

APPLICATION PROCEDURE An application must be lodged with a municipality in whose area that land is situated for – the amendment of municipality’s scheme; the subdivision or consolidation of land ; the development of land situated outside a scheme; the phasing / cancellation of approved layout plan; or the alteration, suspension or deletion of restrictions in relation to land. ALL THESE PROCESSES FOLLOW THE SAME PROCEDURE

THE APPLICATION DOCUMENTATION An application must be lodged with a municipality The application must be accompanied by – the application form; written motivation proof of ownership and a copy of the diagram the written consent of the registered owner of that land, for subdivision/consolidation or development outside a scheme, copies of the layout plan or GP any other plans, diagrams, documents, information or fees

Application documentation Complete application must be lodged with a municipality –Including all other approvals like environmental approval –Including input from engineering services component of municipality Application must be accompanied by: –Application form –Written motivation –Proof of ownership and a copy of the diagram Written consent of the registered owner of that land, For subdivision or consolidation of land or development outside a scheme, copies of the layout plan or general plan Other plans, diagrams, documents, information or fees

Application Complete 28 Days to record application, acknowledge receipt thereof and request further information 90 days or longer period agreed for applicant to submit additional information The applicant may decline ito provide the additional information required: proceed with the processing of the application. The applicant may decline ito provide the additional information required: the application is refused ito PAJA. Application can be repeated until all docs required have been submitted APPLICATION PROCESS

Acknowledgement of complete application and public notice Within 14 days of receipt of the additional documentation the applicant should be notified that the application is complete. A municipality must give public notice of the application within 14 days of having notified the applicant that the application is complete The date stated in the notice for the lodging of comments may not be earlier than 30 days after the date on which the notice was served.

Application Complete application with all required documentation The municipality must give public notice of the application within 14 days of acknowledging the complete application. Municipality has 14 days to acknowledge complete application Notice. 30 days commenting period from the date notice is served Public Notice Process

Public Notice Process Cont. Public notices must be placed on site, in newspapers and To interested and affected parties Organ of state with jurisdiction in the matter, the municipal councillor of the ward in which development is situated to call for comments.

Notice 30 day commenting period Copies of all comments must be submitted to the applicant within 7 days of 30 day commenting period- for a response. Receipt of comments: Applicant has 21 days to respond to the municipality and the commenting body in writing Lodge a waiver regarding the right to reply to the comments Public Notice Process Cont.

Comments received Site inspection and a hearing –From the date of the hearing the municipality has 30 days to make a decision No Inspection and Hearing –60 days of the closing date for representations (comments)

Municipality has 14 days to decide to conduct a Site inspection and/ or a Hearing Site Inspection and Hearing (within 60 days) Response to the comments or right to waiver comments Decision within 30 days from the date of the Hearing No Site Inspection and Hearing Decision within 60 days from the date of closing date for comments Process following commenting period

REQUIREMENTS FOR DECISION MAKING Comments The registered planner’s written evaluation & recommendation impact on the environment, socio-economic conditions, and cultural heritage The impact of the proposal on –existing or proposed developments or –land uses in the vicinity, or –on existing developmental or –mineral rights ;

The historical effects of past racially discriminatory and segregatory legislation on land ownership, land development and access to engineering services and public facilities, and the need to address the historical imbalances. The protection or preservation of cultural and natural resources, including agricultural resources, unique areas or features and biodiversity; The general principles for land development as stated in section 3 of the Development Facilitation Act, 1995 (Act No. 67 of 1995), other national norms and standards, frameworks and policies contemplated in section 146(2)(b) of the Constitution. REQUIREMENTS FOR DECISION MAKING cont.

The provincial planning and development norms and standards. The municipality’s integrated development plan The municipality’s scheme REQUIREMENTS FOR DECISION MAKING cont.

Decision A municipality must within 14 days after its decision to serve notice of its decision on every person who has lodged a written comment in terms of Schedule 1. If the application is approved; it maybe with conditions and the requirement of compliance certificates If the application is refused the municipality is required to provide reasons.

Municipality must within 14 days of the decision, serve notice of its decision on every person who lodged a written comment in terms of Schedule 1. Decision Commenting bodies Any party involved in the application must lodge a memorandum of appeal contemplated within 28 days of being notified of the municipality’s decision Applicant/Developer Not develop on the property until the 28 day period has expired and the municipality has confirmed that no appeal has been lodged Decision

THANK YOU Belinda Gray Development Administration