Archives: Library Snippets

  • 42 Cancellation of general plan

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    Innocent Munyaka

    (1) If a local planning authority is satisfied that—(a) the implementation of any of the proposals in connection with the establishment of an estate—(i) is likely to involve excessive expenditure of public money; or(ii) would no longer accord with sound town and country planning principles; and(b) the subdivisions in the estate or portion thereof have…

  • 41 Setting aside of land and payment of moneys

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    Innocent Munyaka

    (1) A permit authorizing the subdivision of any property may, subject to this section, include conditions requiring the owner of the property— (a) to set aside land for road purposes; and(b) to do any one of the following—(i) to set aside for public purposes the prescribed percentage of the land covered by subdivisions; or(ii) to…

  • 40 Application for permit

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    Innocent Munyaka

    (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…

  • 39 No subdivision or consolidation without permit

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    Innocent Munyaka

    (1) Subject to subsection (2), no person shall— (a) subdivide any property; or(b) enter into any agreement—(i) for the change of ownership of any portion of a property; or(ii) for the lease of any portion of a property for a period of ten years or more or for the lifetime of the lessee; or(iii) conferring…

  • 38 Appeals

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    Innocent Munyaka

    (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…

  • 37 Non-compliance with orders of local planning authority

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    Innocent Munyaka

    (1) If, within the period specified in an enforcement order or extension thereof granted in writing by the local planning authority, any steps required by such order to be taken, other than the discontinuance of any use of any land or building or of any operations, have not been taken, the local planning authority may—…

  • 36 Power of local planning authority to enter into agreements with owners of existing developments

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    Innocent Munyaka

    A local planning authority may, if it thinks fit and after giving public notice of its intention, enter into an agreement with—(a) the owner of any building which constitutes existing development; or (b) the owner of any property who has established a use which constitutes or operations which constitute existing development;where such building, use or…

  • 35 Powers to remove, demolish or alter existing buildings or discontinue or modify uses or operations or require abatement of injury

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    Innocent Munyaka

    (1) Subject to this section, a local planning authority may—(a) upon compensation being paid in terms of section fifty except as otherwise provided in subsection (4) of section fifty-two—(i) remove, demolish or alter any building which constitutes existing development;(ii) by order, require the discontinuance of any use or operations;(iii) by order, impose any conditions subject…

  • 34 Prohibition orders

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    Innocent Munyaka

    (1) At the date of issuing an enforcement order or at any time thereafter before the enforcement order becomes operative, the local planning authority may, subject to section fifty, serve upon any person upon whom the enforcement order was served an order prohibiting the continuation of such operations or use as may be specified in…

  • 33 Enforcement order to have effect against subsequent development

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    Innocent Munyaka

    (1) Compliance with an enforcement order in respect of—(a) the demolition or alteration of any building; or(b) the discontinuance of any use of any land or building or of any operations; or(c) any other requirement contained in the enforcement order, not being a requirement specified in paragraph (a) of subsection (2) of section thirty-two;shall not…