Transcript PLANNING AND DEVELOPMENT ACT, 2008 (ACT NO 6 OF 2008)

PLANNING AND DEVELOPMENT ACT, 2008
(ACT NO 6 OF 2008)
CIRCULATION
Prior Approval VS Circulation
Comment
Prior Approval
Item 2 of Schedule 1 of the PDA
requires a complete application.
Circulation
In terms of Item 6 (1)b(iii) of the PDA:
“serve a notice as contemplated in item 5(1) on
all parties who in the opinion of the municipality
may have an interest in the matter, including
organs of state with jurisdiction in the matter
This includes various approvals/
authority from interested and
affected parties including:
This includes this Department and other organs
of state who may have an interest in the
application.
• DOT, Act 70/70, Environmental
Approval etc
• For example: Department of Water affairs if a
river is running through the property to be
developed.
This must be done prior to the
application being lodged
Comments from LCC, COGTA & KZN Wildlife
EXAMPLE OF CIRCULATION CONSIDERATIONS
National Road
(SANRAL)
Power line
(Eskom)
Provincial Road
(DOT)
Grave site (AMAFA)
Proposed
Development
Old Stone church
(AMAFA)
River
(DWAF)
Consultation
Organ of State
Subdivision
inside a scheme
Subdivision
outside a scheme
Development
outside a scheme
National Dept of
Agric
-
√
√
Prov Dept of Agric
-
√
√
DAEA&RD
*
*
*
DOT
If applicable
If applicable
If applicable
SANRAL
If applicable
If applicable
If applicable
If required
If required
If required
-
√
√
Unlikely
If there are labour
issues
If there are labour
issues
-
√
√
DWAF
Land Claims Comm
Dept Land Affairs
KWANALU
Consultation Cont.
Organ of State
Subdivision
inside a scheme
Subdivision outside
a scheme
Development
outside a scheme
√
√
√
Depends on T/D
Condition
Depends on T/D
Condition
Depends on T/D
Condition
Telkom
If new service
√
√
Eskom
If new service
√
√
Water and sewerage
Authority
√
√
√
Ezimvelo KZN Wildlife
Unlikely
If applicable
If applicable
EG: bordering
KZNDMA
Neighbours
Mineral & Energy
Dept. of Minerals &
Energy
Possible (title
deed &
undermining)
Key
√ - Consult
Dependa
* - Could trigger new application
Consultation Cont.
Others:
• Meat Hygiene – For abattoirs
• Dept of Health- For abattoirs and restaurants
(outside of a scheme eg: Midlands Meander)
•Dept of Education – For schools , colleges etc
•Bergwatch – developments within the
Drakensberg
WHY CIRCULATE?
Organ of State
Reason
Dept of Agriculture
(Nat & Prov)
Legislative requirement: Protection of viable agricultural land
Kwanalu
Representation of Farmers Association: opportunity to provide
input/objections in respect of the proposed development.
Eskom
• Service provider
• Registered power line bordering or traversing the property,
• Requirements in respect of restricting development within a
certain distance of either side of the power line.
•Servitude in Title Deed
Department of
Water Affairs and
Forestry
• Comments with regard to surface water, i.e. dams, rivers and
underground water courses which may be affected by the
development.
• 1:100 year flood line and the possibility of flooding
• Construction of new dams
• Existing Dams – extraction rights
WHY CIRCULATE? Cont.
Organ of State
Reason
Transnet/Propnet •
•
The proposed development borders a railway line,
Requirements with regard to restricting development within a
certain distance on either side of a railway line, (in title deed);
• Conditions, e.g. safety requirements, requirements in respect
of the railway reserve, etc
Dept of Health
•
Telkom
• Communication transmission lines are affected by the
development.
• Communication transmission lines in close proximity to the
development, Telkom may require building line restrictions to
be included in the Conditions of establishment.
Service standards, i.e. water quality, efficient sewage disposal
system, arrangements for refuse disposal.
• Veterinary Section must be circulated to if the application is an
abattoir
WHY CIRCULATE? Cont.
Organ of State
Reason
Dept of Transport Should the proposed development be situated in close proximity
to a Provincial/District road, the Department of Transport:
KwaZulu-Natal may, in terms the KwaZulu- Natal Provincial Roads
Act, 2001 (Act No. 4 of 2001), impose various
conditions/requirements, for example:Impose building line restrictions in respect of the road reserve
boundary, Requirements in respect of safety aspects, i.e. cutting of
vegetation to ensure visibility, Requirements in terms of the road
surface standards, i.e. gravel, blacktop, Any other conditions
relating to the provision of safe access to the proposed
development
WHY CIRCULATE? Cont.
Organ of State
Reason
Dept of Mineral
and Energy
Affairs
• Any mineral rights exist on the proposed development site.
• Mineral rights registered against the property, reflected as a
Condition of Title
Land Claims
Commissioner
To confirm whether any claims have been lodged against the
property.
AMAFA
in respect of areas of historical significance, i.e. monuments, grave
sites, buildings of historical significance, heritage sites, etc, that
may be impacted upon by the proposed development
Ezemvelo KZN
Wildlife
Environmentally sensitive sites
Protect endangered species and wildlife
Bergwatch
Any applications that fall within the Drakensberg, should be
circulated to Bergwatch for comment
WHY CIRCULATE? Cont.
Organ of State
Reason
MalutiDrakensberg
Trans-Frontier
Project
Any applications that fall within the Drakensberg