Provincial legislation regulating land development, land use management, township establishment, spatial planning, subdivision of land, consolidation of land, the removal of restrictions and other matters related to provincial planning and municipal planning may—
| (b) |
prescribe provisions to deal with the use of existing buildings and the submission of building plans in terms of schemes pre-dating the adoption of a land use scheme in terms of this Act; |
| (c) |
prescribe provisions for the review of land use schemes by municipalities, including public consultation and the preparation of a review report; |
| (d) |
repeal or amend provincial legislation, including ordinances— |
| (i) |
which is inconsistent with this Act; |
| (ii) |
that apply to land development, land use management, township establishment, spatial planning, subdivision of land, consolidation of land or the removal of restrictions; and |
| (iii) |
that deals with other matters related to municipal and provincial planning in the province; |
| (e) |
provide a single uniform system for land use and development, consistent with the provisions, objects, development principles, norms and standards prescribed by this Act; |
| (f) |
establish the procedures for conducting public consultation, advertising and notification to be undertaken, where a municipality amends the land use scheme or rezones land falling within its municipal area; |
| (g) |
determine procedures relevant to the approval of an application for— |
| (ii) |
the amendment of a land use scheme; |
| (iii) |
the suspension, alteration or cancellation of servitudes or conditions of the title deed of property; |
| (iv) |
the subdivision of land, including land use for agricultural purposes or farming land; |
| (v) |
the consolidation of land; |
| (vii) |
the determination of a settlement; |
| (viii) |
the formalisation or incremental upgrading of an informal settlement or slums, including any matters related to tenure, land use control and the provision of services to such areas; |
| (x) |
the extension of boundaries of approved townships; |
| (xi) |
any matter arising from the provisions of an approved land use scheme for which provision has not been made in such scheme; and |
| (xii) |
the manner in which a single application may be submitted for more than one of the applications described in this paragraph; |
| (h) |
provide measures related to the approval of a development application which requires the use of land for identified inclusionary residential and economic purposes, and which is subject to any national policy; |
| (i) |
provide the form and content of development applications; |
| (j) |
determine measures for expediting the processing and determination of any development application; |
| (k) |
determine whether any procedure for development applications may include different procedures determined by the extent, location, impact or complexity of the different applications; |
| (l) |
determine procedures pertaining to public involvement, participation, notification, advertising and circulation procedures; |
| (m) |
determine the circumstances under which municipalities are obliged to accept, process and determine development applications as well as remedies available to parties should municipalities fail to comply with the said obligations; |
| (n) |
provide a uniform form and content of determinations and conditions of approval for the province; |
| (o) |
provide procedures relevant to the amendment of development applications, decisions and conditions of approval; |
| (p) |
provide procedures relevant to the lapsing, withdrawal and abandonment of development applications and approvals; |
| (q) |
provide procedures for the request for reasons for decisions and the supply of such reasons; |
| (r) |
provide procedures relevant to the granting of condonation and other interlocutory applications; |
| (s) |
provide for the granting of cost orders, the issuing of subpoenas and the procurement of information by a planning tribunal; |
| (t) |
provide procedures and form for the application of changes relating to the changes in ownership of land subject to a development application, and the continuance of such application by a new owner; |
| (v) |
determine the process for payment of application fees; |
| (w) |
provide for timeframes within which development decisions must be taken and the consequences of such non-compliance; |
| (x) |
provide for the determination relating to the grant of tenure, the provision of services or the control of land uses relative to the upgrading of an informal settlement or slums; |
| (y) |
regulate the provision of engineering services and the imposition of development charges, including— |
| (i) |
the form and content of service agreements; |
| (iv) |
the calculation of development charges; |
| (v) |
the definition of areas to be provided for parks or open space; |
| (vi) |
the calculation of development charges payable by an applicant in respect of land for parks or open space; |
| (vii) |
the transfer of land to a municipality intended for public open space; and |
| (viii) |
any other development contributions required to meet the strategic objectives of the municipality; |
| (z) |
provide for appeal and review procedures; and |
Older Persons Act, 2006
