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
APPL I CATI ON PROCEDURE FOR APPL I CANTS
Applic ation
Yes
No
Complete
14 Days to rec ord
applic ation, ac knowledge
rec eipt thereof
14 days to
reques t further
info or
ac knowledge
c omplete
14 Days to prepare public
notic e
28 Days to rec ord applic ation,
ac knowledge rec eipt thereof and reques t
further information
90 days or longer period agreed for
applic ant to s ubmit additional
information
G ive 30 days public notic e of applic ation
Comments rec eived
Yes
No
7 days to s ubmit comments to
applic ant
No
Yes
21 days to res pond
Public hearing
14 days decide if public hearing required
Yes
No
Public hearing within 60 days
30 days to make dec is ion
(c ons ider report and
rec ommendation by regis tered
planner
60 days to make dec is ion
(Cons ider report and
rec ommendation by a
regis tered planner
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 PROCESS
Application
Complete
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.
Application can be repeated
until all docs required have
been submitted
28 Days to record
application,
acknowledge receipt
thereof and request
further information
The applicant may decline ito
provide the additional information
required: the application is refused
ito PAJA.
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.
Public Notice Process
Application
Complete application with all required
documentation
Municipality has 14 days
to acknowledge
complete application
Notice.
30 days commenting period from
the date notice is served
The municipality must give
public notice of the
application within 14 days of
acknowledging the
complete application.
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.
Public Notice Process Cont.
Notice
30 day commenting period
Receipt of comments:
Copies of all comments must
be submitted to the applicant
within 7 days of 30 day
commenting period- for a
response.
Lodge a waiver regarding
the right to reply to the
comments
Applicant has 21 days to respond
to the municipality and the
commenting body in writing
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)
Process following commenting period
Response to the comments or
right to waiver comments
Municipality has 14 days to decide
to conduct a Site inspection and/
or a Hearing
No Site Inspection and
Hearing
Site Inspection and
Hearing (within 60 days)
Decision within 30
days from the date of
the Hearing
Decision within 60
days from the date of
closing date for
comments
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;
REQUIREMENTS FOR DECISION MAKING cont.
• 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
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.
Decision
Decision
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.
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
THANK YOU
Belinda Gray
Development Administration
033 3556158