Archives: Library Snippets

  • 32 Enforcement orders

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    Innocent Munyaka

    (1) If it appears to the local planning authority that any development has been or is being carried out in contravention of this Act, it may, if it considers it expedient, having regard to the provisions of any operative master plan or local plan or an approved scheme and to any other material considerations, serve…

  • 31 Preservation of trees and woodlands

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    Innocent Munyaka

    (1) Subject to section fifty, a local planning authority may serve on the owner and theoccupier of any land an order for the preservation of natural forest, trees or woodlands or any tree on that land.(2) Subject to subsection (3), where an order has been served in terms of subsection(1) no person shall cut down,…

  • 30 Orders for preservation of buildings of special architectural merit or historic interest

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    Innocent Munyaka

    (1) Subject to section fifty the local planning authority may serve on the owner and the occupier of a building which, in the opinion of the local planning authority, is of special architectural merit or historic interest an order restricting the demolition, alteration or extension of that building:Provided that such an order may not be…

  • 29 Power of Minister re applications in terms of section 26 (1)

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    Innocent Munyaka

    (1) Notwithstanding anything to the contrary contained in this Part, the Minister may, if he is satisfied, having regard to the national or regional implications, that it is in the public interest to do so, give directions to a local planning authority—(a) that any application or class of applications made in terms of subsection (1)…

  • 28 Development for State purposes

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    Innocent Munyaka

    (1) In undertaking any development for State purposes, the State shall have regard to any operative regional plan.(2) If a proposal for any development for State purposes conflicts with an operative master plan or local plan or an approved scheme—(a) the Minister concerned shall consult with the Minister; and(b) the Minister shall consult with the…

  • 27 Regularization of buildings, uses or operations

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    Innocent Munyaka

    Where any development has been carried out in contravention of section twenty-four an application may be made in terms of section twenty-six in respect of that development and the local planning authority shall deal with that application in terms of that section but any permit granted thereunder shall take effect from the date on which…

  • 26 Application for permit or preliminary planning permission

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    Innocent Munyaka

    (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…

  • 25   Development orders

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    Innocent Munyaka

    (1) The Minister may, by statutory instrument, issue a development order specifying what development or what class of development shall, subject to subsection (2) of section thirty, be permitted within the area specified in that order.(2) A development order in terms of subsection (1) may—(a) be a general order applicable to all areas or a…

  • 24 Control of development

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    Innocent Munyaka

    (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…

  • 23 Meaning of “existing development” in Part V

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    Innocent Munyaka

    (1) Subject to subsections (2) and (3), any reference in this Part to existing development means a reference to any development which—(a) was commenced before the appointed day and was not commenced in contravention of the repealed Act; or(b) accords with the terms of a permit or development order;(c) accords with the terms of an…