The KwaZulu-Natal Planning and Development Act

APPLICATION PROCESSSchedule 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

Application

Complete

28 Days to record application, acknowledge receipt thereof and request

further information

14 Days to record application, acknowledge

receipt thereof

90 days or longer period agreed for applicant to s ubmit additional

information

14 Days to prepare public notice

G ive 30 days public notice of application

Comments received

7 days to s ubmit comments to applicant

21 days to respond

Public hearing

14 days decide if public hearing required

Public hearing within 60 days

30 days to make decision (consider report and

recommendation by regis tered planner

60 days to make decision (Consider report and

recommendation by a regis tered planner

Yes N o

Yes

Yes

Yes N o

N o

N o

APPLICATION PROCEDURE FOR APPLICANTS

14 days to request further

info or acknowledge

complete

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 bodiesAny party involved in the application must lodge a memorandum of appeal

contemplated within 28 days of being notified of the municipality’s decision

Applicant/DeveloperNot 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

033 3556158