(1) Any person—
(a) who is aggrieved by any decision made or deemed to have been made by a local planning authority in connection with an application for— (i) a permit or preliminary planning permission; or
(ii) any permission required in terms of a development order, building preservation order or tree preservation order; or
(iii) an extension of time as contemplated in paragraph (d) of subsection (1) of section twenty-two or subparagraph (ii) of paragraph (a) of subsection (2) of section twenty-four;
may, within one month from the notification of such decision; or
(b) upon whom—
(i) a building preservation order; or
(ii) a tree preservation order; or
(iii) an enforcement order; or
(iv) a notice in terms of section thirty-five;
has been served or who is otherwise aggrieved by such order or notice, may, within one month from the serving of the order or notice; or
(c) who is permitted in regulations made in terms of section sixty-eight to appeal in respect of any matter specified in such regulations may, within the period provided for in such regulations;
or such longer period as the President of the Administrative Court may in writing authorize, appeal to the Administrative Court in such manner as may be prescribed in rules and the Administrative Court may make such order as it deems fit.
(2) The Administrative Court shall not be required to entertain an appeal in terms of subsection (1) if—
(a) it appears to the President of the Administrative Court that, having regard to the provisions of—
(i) section twenty-six and any operative master plan or local plan or approved scheme; and
(ii) the appropriate development order; and
(iii) any regulations controlling development and any directions given by the Minister in terms of this Act in regard to development;
permission for the development could not have been granted or could only have been granted subject to the conditions imposed; or
(b) in the case of an appeal in terms of paragraph (a) of subsection (1), the application has been refused by the local planning authority and it appears to the President of the Administrative Court that—
(i) the appellant had previously made a similar application under this Act or the repealed Act which had also been refused by the local planning authority; and (ii) there were no material changes between the first and the second applications.
(3) Where on an appeal the Administrative Court makes an order which varies any permit or permission referred to in paragraph (a) of subsection (1) or any order or notice referred to in paragraph (b) of subsection (1), that permit, permission, order or notice, as the case may be, shall be treated, for the purposes of this Act, as though it had been granted or made as so varied.
(4) A person who has lodged an appeal in terms of subsection (1) may apply to the President of the Administrative Court for an order to suspend the operation of any permit, permission, order or notice to which the appeal relates and—
(a) subject to subsection (5), the President of the Administrative Court may, if he thinks fit, order that the operation of such permit, permission, order or notice shall be suspended; and
(b) where the President of the Administrative Court has issued an order in terms of paragraph (a), the permit, permission, order or notice concerned shall, subject to any terms and conditions fixed in that order, not be of force or effect until such time as the appeal has been finally determined, withdrawn or abandoned or the order has been revoked, as the case may be. (5) The President of the Administrative Court may—
(a) make an order in terms of paragraph (a) of subsection (4) subject to such terms and conditions as he thinks fit;
(b) at any time after notice to the applicant, revoke an order in terms of paragraph (a) of subsection (4).