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Spatial Planning and Land Use Management Act, 2013 (Act No. 16 of 2013)

Regulations

Spatial Planning and Land Use Management Regulations: Land Use Management and General Matters, 2015

Chapter 2 : Municipal Planning Tribunals

Part A : Municipal Assessment

2. Municipal assessment prior to establishment of Municipal Planning Tribunal

 

 

(1) The decision of a municipality to—
(a) establish a joint Municipal Planning Tribunal as contemplated in section 34(1) of the Act; or
(b) agree to the establishment of a Municipal Planning Tribunal by a district municipality as contemplated in section 34(2) of the Act; or
(c) establish a Municipal Planning Tribunal for its municipal area,

may be preceded by an assessment of the factors referred to in subregulation (2).

 

(2) The assessment referred to in subregulation (1) includes, amongst others, the following factors as it relates to Chapter 6 of the Act—
(a) the impact of the Act on the municipality's financial, administrative and professional capacity;
(b) the ability of the municipality to effectively implement the provisions of Chapter 6 of the Act;
(c) the average number of applications dealt with by the municipality annually in terms of existing planning legislation; and
(d) the development pressures in the municipal area.

 

(3) If the municipality does not have capacity to implement the provisions of Chapter 6 of the Act, it is an indication that a joint Municipal Planning Tribunal contemplated in section 34(1) or (2) could be considered by the municipality.

 

(4) If a district municipality considers the establishment of a Municipal Planning Tribunal contemplated in section 34(2), it must ensure that it has sufficient financial, administrative and professional capacity to establish and administer that Municipal Planning Tribunal.

 


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