(1) An application for a permit or preliminary planning permission shall be made to the local planning authority in such manner and shall contain such information as may be prescribed and shall be accompanied by the consent in writing of— (a) the owner of the land; and
(b) where the application relates to development which involves an alteration—
(i) in the character of the use of any land or building; or
(ii) in the conditions of title to the property; the holder of any real right registered over the property concerned:
Provided that the local planning authority may dispense with any consent required in terms of this subsection if it is satisfied that—
(a) the applicant has made all reasonable attempts to ascertain the address of the person whose consent is required and has been unable to do so; or
(b) the person whose consent is required has unreasonably failed or refused to give his consent and that the permit, if granted, would not prejudice the rights of such person.
(2) On receipt of an application in terms of subsection (1) the local planning authority shall examine it and shall—
(a) within two weeks acknowledge receipt of the application unless the application is incomplete in which case it shall acknowledge receipt thereof as soon as the application is satisfactory; and
(b) in its acknowledgement in terms of paragraph (a), draw to the attention of the applicant subsection (7) and, in the case of a deemed refusal in terms of that subsection, his right of appeal to the Administrative Court in terms of section thirty-eight; and
(c) if the application relates to development—
(i) within two hundred meters of the center line of any State road; or
(ii) within the obstacle limitation area of an aerodrome; or
(iii) on any land which is adjacent to land which is within the area under the jurisdiction of another local planning authority;
as soon as it has acknowledged receipt of the application advise the Minister responsible for roads, the Minister responsible for aviation or the neighboring local planning authority, as the case may be, of the proposed development.
(3) Where an application in terms of subsection (1)—
(a) may, in terms of an operative master plan or local plan or an approved scheme, only be granted by the local planning authority—
(i) after special consideration of the circumstances of the particular case; or
(ii) in the case of such scheme, by special consent of the local planning authority; or
(b) relates to development which does not conform to the development existing or normally permitted in the area; or
(c) relates to development which could, in the opinion of the local planning authority, have an adverse effect or important impact on the locality or the area generally; or
(d) relates to development which conflicts with any condition which is registered against the title deed of the property concerned and confers a right which may be enforced by the owner of another property;
the local planning authority shall require the applicant, at his own expense, to give public notice of the application and to serve notice of the application on every owner of property adjacent to the land to which the application relates and such other owners as the local planning authority may direct and to submit proof that such notice has been given.
(4) If any objections to, or representations in connection with, an application in terms of subsection (1) are received by the local planning authority—
(a) within one month of the date on which public notice of the application was given in terms of subsection (3); or
(b) from a Minister or local planning authority which has been advised in terms of paragraph (c) of subsection (2) of the application, within the period referred to in paragraph (a) or, if no public notice of the application was given, within one month of that Minister or local planning authority receiving such advice; the local planning authority shall advise the applicant of the nature of the objections and representations and afford him an opportunity of submitting any comments thereon before the application is determined.
(5) In considering whether to grant or refuse, in accordance with the provisions of subsection (6), an application in terms of subsection (1), the local planning authority shall examine whether the proposed development would—
(a) generate the need for additional land being acquired for— (i) local authority purposes, including the provision of housing; or (ii) the provision or expansion of educational facilities or police stations; or
(b) result in additional or premature expenditure by the local authority on the provision of new roads or the improvement of existing roads, the provision of parking facilities or sewerage or drainage services or the supply of electricity, gas or water;
and may, if it grants the application, fix as a condition of the permit that the applicant meets or assists in meeting the cost of acquiring the additional land referred to in paragraph (a) and additionally, or alternatively, of providing or improving the facilities or services referred to in paragraph (b), whether on or off the site of the proposed development.
(6) Subject to subsection (2) of section twenty-four, the local planning authority may, subject to this section and of sections twenty-nine and thirty and of any operative regional plan, master plan or local plan or any approved scheme—
(a) grant— (i) a permit; or
(ii) preliminary planning permission, whether the application was for a permit or preliminary planning permission, and require a detailed application to be submitted in terms of subsection (11); subject to such conditions as it thinks fit; or
(b) refuse to grant a permit or preliminary planning permission and shall give to the applicant in writing its reasons for the refusal.
(7) If the local planning authority has not determined in terms of subsection (6) an application in terms of subsection (1) within three months of the date of acknowledgement in terms of subsection (2) of the receipt of the application or any extension of that period granted by the applicant in writing, the application shall be deemed to have been refused by the local planning authority.
(8) A permit or preliminary planning permission granted in terms of this section shall state the purpose for which it was granted and, in the case of a permit— (a) shall include conditions which—
(i) where appropriate, include the requirement referred to in subsection(5) of section thirty; and
(ii) specify the period or any extension thereof granted by the local planning authority in writing within which the development concerned or any agreed phase thereof shall be implemented; and
(iii) relate to such other matters, including the lodging of security or the furnishing of sureties, as may be prescribed;
(b) may include conditions which relate to any other matter which the local planning authority thinks fit, including, without derogation from the generality of the foregoing—
(i) the making of any payments required in terms of subsection (5); (ii) the regulation of the development of any land or requiring the carrying out of any works in so far as it appears to the local planning authority to be expedient for the purpose of, or in connection with, the development so authorized; (iii) requiring the removal of any building or works so authorized or the discontinuance of any use of any land or building or any operations so authorized on the expiration of a specified period and the carrying out of specified works for the reinstatement of the land at the expiration of that period;
(iv) the exclusion of compensation being payable in respect of any development which is carried out on or adjacent to land which is subsequently acquired in terms of this Act in circumstances where that development has been permitted in an area where such development would otherwise be prohibited;
(c) may indicate the extent to which the local planning authority would consider sympathetically an application for the construction of additional buildings or the use of additional land for a purpose ancillary to, or of a nature similar to, the development so authorized.
(9) Where a local planning authority grants a permit for any development which conflicts with any condition registered against the title deed to the property concerned, that authority shall, at the expiration of the period allowed in terms of subsection (1) of section thirty-eight for an appeal, submit to the Registrar of Deeds a copy of the permit:
Provided that, if within that period an appeal is lodged in terms of section thirty-eight, the local planning authority shall not submit the copy of the permit unless the order of the board authorizes the development specified in the permit or the appeal is withdrawn or abandoned.
(10) Subject to section thirty-eight, on receipt of any permit submitted in terms of subsection (9) the Registrar of Deeds shall delete from the relevant title deed any condition which conflicts with the permit.
(11) Where the local planning authority has, in terms of subparagraph (ii) of paragraph (a) of subsection (6), required a detailed application to be submitted— (a) it shall notify the applicant in writing of the matters which should be included in the detailed application; and
(b) within six months of such notification or such longer period as the local planning authority may in writing agree, the applicant shall submit a detailed application in accordance with the requirements of that authority; and
(c) the local planning authority shall grant a permit subject to such conditions as it thinks fit:
Provided that if an application is not received within the period or does not accord with the requirements referred to in paragraph (b), the application in terms of subsection (1) shall be deemed to have been withdrawn and the preliminary planning permission shall be deemed to have been cancelled.
(12) A local planning authority may amend a permit granted in terms of this section or any conditions thereof if—
(a) the holder of the permit agrees to such amendment; and
(b) in the opinion of the local planning authority the amendment is of a minor nature and does not materially alter the effect of the permit originally granted.