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

Chapter 6 : Land Development Management

Part C : Processes of Municipal Planning Tribunals

42. Deciding an application

 

 

(1) In considering and deciding an application a Municipal Planning Tribunal must—
(a) be guided by the development principles set out in Chapter 2;
(b) make a decision which is consistent with norms and standards, measures designed to protect and promote the sustainable use of agricultural land, national and provincial government policies and the municipal spatial development framework; and
(c) take into account—
(i) the public interest;
(ii) the constitutional transformation imperatives and the related duties of the State;
(iii) the facts and circumstances relevant to the application;
(iv) the respective rights and obligations of all those affected;
(v) the state and impact of engineering services, social infrastructure and open space requirements; and
(vi) any factors that may be prescribed, including timeframes for making decisions.

 

(2) When considering an application affecting the environment, a Municipal Planning Tribunal must ensure compliance with environmental legislation.

 

(3) An application may be approved in whole or in part, or rejected.