(1) Unless permitted in terms of a development order and subject to this Act and any such development order, no person shall carry out any development, other than development which—
(a) was commenced before the appointed day and did not require any approval in terms of the repealed Act; or
(b) is carried out in accordance with an approval issued under the repealed Act:
Provided that, save in the case of an approval in terms of paragraph (g) of section seventy-six, any such approval shall cease on the termination of a period of four years from the appointed day if the terms of that approval have not been implemented before that date; or
(c) is carried out on a mining location and is permitted in terms of the Mines and Minerals Act [Chapter 21:05]; or
(d) is carried out in accordance with the terms of a permit.
(2) Notwithstanding any operative regional plan, master plan or local plan or approved scheme, in relation to existing development, the following may, subject to subsections (1) and (3), be carried out—
(a) the substitution of a new building erected in place of an existing building which has been destroyed or demolished if—
(i) the new building is designed for the same purposes as the existing building; and
(ii) the erection of the new building is commenced within eighteen months of the destruction or demolition of the existing building or such longer period as the local planning authority may allow; and
(iii) the total floor area of the new building does not exceed by more than ten per centum the total floor area of the existing building immediately before its destruction or demolition; or
(b) the enlargement, improvement or other alteration of any existing building or a new building referred to in paragraph (a) if the total floor area of such building, inclusive of any such enlargement, improvement or other alteration, does not at any time exceed by more than ten per centum the total floor area of—
(i) the existing building when, or upon its completion after, it first acquired the right to be termed existing development in terms of the definition thereof in section twenty-three; or
(ii) the existing building immediately before its destruction or demolition prior to the erection of the new building; as the case may be; or
(c) in the case of any building referred to in paragraph (a) or (b) or any building which has not previously been used, the use of that building for any purpose for which it was designed and for any other purpose which falls within the same group of prescribed building or land uses as the purpose for which that building was originally designed.
(3) A local planning authority may refuse a permit for the development referred to in subsection (2) or may permit it subject to such conditions as it may deem fit to impose, but the owner whose property is injuriously affected by such refusal or any conditions so imposed shall, if he makes a claim within six months of receiving notice of such decision, be entitled, notwithstanding section fifty-two to recover from the local planning authority compensation in terms of section fifty in respect of that injurious affection:
Provided that no compensation shall be payable if the application was for a permit to erect a new building in substitution for a building which—
(a) constitutes or constituted existing development referred to in paragraph (a) of subsection (1) of section twenty-three; and
(b) is or was situated within two hundred meters of the center line of a main road or district road; and
(c) in the opinion of the local planning authority— (i) is or was not of a permanent nature; and
(ii) is or was undesirable because of its nature or siting; and
(iii) would not have been permitted if at the time of its erection this Act had been in force and a permit for the erection thereof had been required.