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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

45. Parties to land development applications

 

 

(1) A land development application may only be submitted by—
(a) an owner, including the State, of the land concerned;
(b) a person acting as the duly authorised agent of the owner;
(c) a person to whom the land concerned has been made available for development in writing by an organ of state or such person’s duly authorised agent; or
(d) a service provider responsible for the provision of infrastructure, utilities or other related services.

 

(2) An interested person may petition to intervene in an existing application before a Municipal Planning Tribunal or an appeal authority and if granted intervener status, the interested person may be allowed to participate in such proceeding in the manner prescribed by the Minister or in provincial legislation.

 

(3) A person claiming to be an interested person in a land development application or an appeal has the burden of establishing his or her status as an interested person.

 

(4) In the event that a question arises as to whether a person is an interested person in a land development application or an appeal, the Municipal Planning Tribunal or appeal authority concerned may make a determination as to whether such person qualifies as an interested person.

 

(5) If an interested person has not demonstrated an interest in all of the issues presented in a particular land development application or an appeal, the Municipal Planning Tribunal or appeal authority may limit the interested person’s participation to only those issues in which an interest has been established.

 

(6) Where a condition of title, a condition of establishment of a township or an existing scheme provides for a purpose with the consent or approval of the administrator, a Premier, the townships board or any controlling authority, such consent may be granted by the municipality and such reference to the administrator, a Premier, the townships board or controlling authority is deemed to be a reference to the municipality.

 

(7) For the purposes of this section, "service provider" includes a person or institution that performs a function which affects the use, form or function of land.