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

Chapter 6 : Land Development Management

Part D : Related Land Development Matters

51. Internal appeals

 

 

(1) A person whose rights are affected by a decision taken by a Municipal Planning Tribunal may appeal against that decision by giving written notice of the appeal and reasons to the municipal manager within 21 days of the date of notification of the decision.

 

(2) The municipal manager must within a prescribed period submit the appeal to the executive authority of the municipality as the appeal authority.

 

(3) The appeal authority must consider the appeal and confirm, vary or revoke the decision.

 

(4) A person whose rights are affected within the provisions of subsection (1) includes—
(a) an applicant contemplated in section 45(1);
(b) the municipality where the land affected by the application is located;
(c) an interested person who may reasonably be expected to be affected by the outcome of the land development application proceedings.

 

(5) An interested person for the purpose of subsection (4)(c) must be a person having a pecuniary or proprietary interest who is adversely affected or able to demonstrate that she or he will be adversely affected by the decision of the planning tribunal or an appeal in respect of such a decision.

 

(6) A municipality may, in the place of its executive authority, authorise that a body or institution outside of the municipality or in a manner regulated in terms of a provincial legislation, assume the obligations of an appeal authority in terms of this section.

 

(7) No appeal in respect of a decision taken in terms of or pursuant to this Act may be lodged in terms of section 62 of the Municipal Systems Act.