(1) An application for a permit to do any thing specified in paragraph (a), (b) or (c) of subsection (1) of section thirty-nine shall be made to the local planning authority in such manner and shall contain such information as may be prescribed and shall be accompanied—
(a) by the consent in writing of the owner of the property and of every holder of a mortgage bond registered over the property; and
(b) if so required by the local planning authority, the consent in writing of the holder of any other real right registered over the property.
(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 the provisions of subsection (6) 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 forty-four; and
(c) if the application relates to the subdivision of any property adjacent to any State road or within the obstacle limitation area of an aerodrome, as soon as it has acknowledged receipt of the application, advise the Minister responsible for roads or the Minister responsible for aviation, as the case may be, of the proposed subdivision.
(3) Where an application in terms of subsection (1)—
(a) involves any proposal which conflicts with any condition which is registered against the title deed of the property concerned and which confers a right that may be enforced by the owner of another property; or
(b) proposes any use which, in terms of an operative master plan or local plan or an adopted scheme or approved scheme, may 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; or
(c) proposes any use or subdivision in an area for which there is no operative master plan or local plan or approved scheme and the use is materially different from, or the size of any proposed subdivision for residential purposes is substantially smaller than, the use or size of residential properties, as the case may be, generally existing in the area;
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 property 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 the Minister responsible for roads or the Minister responsible for aviation after he 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 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) The local planning authority may, subject to the provisions of this section and of section forty-one and of any operative regional plan, master plan or local plan or any approved scheme—
(a) grant a permit subject to such conditions as it thinks fit:
Provided that:
(i) a permit authorizing the subdivision of, or an agreement such as is referred to in paragraph (b) of subsection (1) of section thirty-nine in relation to, property outside the area under the jurisdiction of a municipal council or town council which is used or to be used for agricultural purposes such as are referred to in subsection (2) of section twenty-two or a feed-lot as defined in subsection (3) of that section shall not be granted without the recommendation of the Minister responsible for agriculture; or
(ii) a permit authorizing the subdivision of any property shall require that the survey records concerned which are required in terms of the Land Survey Act [Chapter 20:12] shall be submitted to the Surveyor-General within the period specified in the permit or such extension of that period as the local planning authority may authorize;
(b) refuse to grant a permit and shall give to the applicant in writing its reasons for the refusal.
(6) If the local planning authority has not determined in terms of subsection (5) an application in terms of subsection (1) within four 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.
(7) Where a local planning authority grants a permit in terms of subsection (5), or authorizes an extension of the period within which the survey records shall be submitted to the Surveyor-General in terms of proviso (ii) to paragraph (a) of subsection (5) or amends a permit in terms of subsection (10), it shall send a copy of the permit, authority or amendment, as the case may be—
(a) to the Surveyor-General and the Registrar of Deeds; and
(b) if the Minister is the local planning authority for the purposes of this Part, to the local authority within whose area of jurisdiction the property is situated; and
(c) to such other persons as may be prescribed.
(8) Where an appeal in connection with the grant of a permit in terms of this section is lodged in terms of section forty-five, the local planning authority which granted the permit shall, within seven days of the receipt of the appeal, notify in writing the Surveyor-General and the Registrar of Deeds accordingly and shall likewise notify such persons of the result of the appeal.
(9) Where the requirements referred to in proviso (ii) to paragraph (a) of subsection(5) in relation to a permit are not complied with within the specified period or such extension of that period as the local planning authority may grant, the permit shall be deemed to be revoked.
(10) A local planning authority may amend a permit granted in terms of this section if—
(a) the holder of the permit agrees to such amendment; and
(b) in the opinion of the local planning authority the amendment does not materially alter the effect of the permit originally granted; and
(c) the amendment is not inconsistent with any survey records approved by the Surveyor-General; and
(d) no rectification of any register in a deeds registry is involved.