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WHO HANDLES LAND DEVELOPMENT APPLICATIONS? Local municipalities are responsible for handling development applications, such as applications for departures from building parameters or applications for rezoning or for the subdivision of land. Municipalities decide how to handle these applications according to legislation, policies and guidelines provided by the Department of Environmental Affairs and Development Planning. In a few instances, for example more complicated rezoning applications, the municipalities will refer applications to the Department for submission to the Minister for a final decision. The Department processes agriculture-related applications for the national and provincial Departments of Agriculture, the national Department of Water Affairs and Forestry, and the Western Cape Nature Conservation Board. The Department also processes mining-related applications for the national Department of Minerals and Energy, the national and provincial Departments of Agriculture, the national Department of Water Affairs and Forestry, and the Western Cape Nature Conservation Board. HOW ARE APPLICATIONS DECIDED? Before a development application can be decided in terms of land use planning legislation, the application must be subjected to various public participation processes and in some instances, the approval of various state institutions must also be obtained. If an application falls within a certain category of land change it is also referred to the Department. Applications are assessed in terms of the Environmental Conservation Act, 1989 to ensure that integrated environmental policy and planning considerations are addressed. The Department ensures that these applications are coordinated with other related applications namely: mining reports, land development applications and spatial and strategic plans. Once a development application has been reviewed in terms of environmental legislation, an authorization, permit or decision - whichever is appropriate - is issued. Only after the application has been reviewed in terms of environmental legislation may a decision in terms of land use legislation be taken. APPEALS & QUERIES Once a decision has been taken by a municipality an appeal against the decision may be lodged with the Department for submission to the Minister. If you have a query about a development application you've made, it must be directed to the body to which you made the application. |
