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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 5 : Intervener Status

31. Petition to be granted intervener status

 

 

(1) Where an application has been submitted to a Municipal Planning Tribunal, authorised official or an appeal has been lodged to the appeal authority, an interested person may, at any time during the proceedings, but within seven days of becoming aware of the proceedings, petition the Municipal Planning Tribunal, authorised official or appeal authority in writing in the form determined by the municipality, to be granted intervener status.

 

(2) The petitioner must submit together with the petition to be granted intervener status an affidavit stating that he or she—
(a) does not collude with any applicant, objector or appellant; and
(b) is willing to deal with or act in regard to the application or appeal as the Municipal Planning Tribunal, authorised official or appeal authority may direct.

 

(3) The municipality must determine whether the requirements of this regulation have been complied with and must thereafter provide a copy of the form referred to in subregulation (1) to the parties to the application or appeal.

 

(4) If the Municipal Planning Tribunal, appeal authority or authorised official must determine whether a petitioner qualifies as an interested person as contemplated in section 45(4) of the Act, it may consider the following:
(a) that his or her rights have been affected by the decision of the Municipal Planning Tribunal or authorised official or that his or her rights may be adversely affected by the decision of the Municipal Planning Tribunal or authorised official and might therefore be adversely affected by the decision of the appeal authority;
(b) that the petitioner represents a group of people who have a direct concern in the proceedings;
(c) the ability of the petitioner to protect his or her interest would be impeded by the decision of the Municipal Planning Tribunal, authorised official or appeal authority and that his or her interest is not adequately represented by the current parties to the proceedings;
(d) the petitioner will provide a different perspective on the issues before the Municipal Planning Tribunal, authorised official or appeal authority, without expanding those issues.

 

(5) A determination by the Municipal Planning Tribunal, appeal authority or authorised official whether a petitioner qualifies as an interested person is final and must be communicated to the petitioner and the parties to the proceedings.