Housing Development Agency Act, 2008
R 385
National Land Transport Act, 2009 (Act No. 5 of 2009)Chapter 4 : Transport Planning38. Publication of transport plans and substantial changes in land use and public transport infrastructure and services |
| (1) | On approval of the national land transport strategic framework, a provincial land transport framework or an integrated transport plan, the Department, MEC or planning authority, as the case may be, must publish, in the Gazette, Provincial Gazette or newspaper circulating nationally, in the province or municipality, as the case may be, the prescribed particulars of such plans, which must include particulars of routes for dangerous goods. |
| (2) | All persons, including the State and parastatal institutions, agencies and utilities, are bound by the provisions of integrated transport plans published under subsection (1), and— |
| (a) | no substantial change or intensification of land use on any property may be undertaken without the written consent of the relevant planning authority; |
| (b) | developments on property within the area of the planning authority are subject to traffic impact assessments and public transport assessments as prescribed by the Minister; |
| (c) | where new or upgraded transport infrastructure or services are suggested in such assessments, the costs thereof must be paid by the planning authority, unless it has agreed with a developer or other person to pay those costs; and |
| (d) | no action may be taken that would have the result of substantially decreasing the quantity or availability of land transport infrastructure or services, unless the owner of the land on which the infrastructure is situated, or the holder of the relevant operating licence, as the case may be, has notified the relevant planning authority in writing not less than 30 days before the action is taken. |
| (3) | Despite any law to the contrary, any authority with responsibility for approving substantial changes in land use or development proposals which receives an application for such change or intensification, must— |
| (a) | within 14 days of receipt of such application and prior to considering or ruling on such application, submit such application to the relevant planning authority for its assessment and determination of the impact of the application on the integrated transport plan and public transport services; and |
| (b) | ensure that such application is accompanied by the required traffic impact assessment and public transport assessment, and has sufficient information for the authority to assess and determine the impact of the application on transport plans and services. |
| (4) | The planning authority must, within 90 days— |
| (a) | approve or refuse an application for a change or intensification in land use or development proposal submitted in terms of subsection (3); and |
| (b) | submit its written decision contemplated in paragraph (a) and any objections with respect to such application, including directions or conditions for compliance with the integrated transport plan, to such authority vested with responsibility for considering the application. |
| (5) | The authority must make a decision, but may not approve such application, in conflict with the directions of or conditions required by the planning authority as contemplated in subsection (4)(b). |
| (6) | The planning authority, in accordance with the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000), must furnish the applicant with written reasons for its decision. |
| (7) | Where any person is aggrieved by any decision of a planning authority in terms of this section, such person may appeal against the decision in the manner and within the time prescribed, to the tribunal or other entity in the relevant province responsible to hear appeals lodged by persons who are dissatisfied with the decisions of municipalities regarding applications to establish townships or to change land uses. |
| (8) | Despite any provision to the contrary in the Deeds Registries Act, 1937 (Act No. 47 of 1937), or any other law— |
| (a) | conditions imposed in terms of subsection (4)(b) must be registered or endorsed against the relevant title deed; and |
| (b) | the registrar of deeds may, with the written approval of the planning authority, cancel any condition which has in terms of paragraph (a) been inserted in a deed of transfer or endorsed upon a title deed. |
| (9) | Any person who undertakes a development involving a change or intensification in land use or development proposal without the approval of the planning authority under this section, or contrary to a condition imposed by such an authority, is guilty of an offence and is liable on conviction to imprisonment for a period not exceeding six months. |
| (10) | Where a building or structure has been erected without the approval of a planning authority in circumstances where such approval should have been obtained under this section, or is in conflict with a condition imposed under this section, the relevant planning authority may apply to the High Court having jurisdiction for an order— |
| (a) | compelling the owner of the property to demolish or remove the building or structure at the owner's cost; or |
| (b) | authorizing the authority to do so and claim the costs incurred from the owner; or |
| (c) | alternative relief as the court may deem just. |
