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The KwaZulu-Natal Planning and Development Act, 2008 QUICK REFERENCE for the pdA

The KwaZulu-Natal Planning and Development Act, 2008 QUICK REFERENCE for the pdA Matters that need to be considered. DIVISION OF APPLICATION TYPES. Applications in terms of the PDA are divided into two groups in respect of matters that a municipality must consider:

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The KwaZulu-Natal Planning and Development Act, 2008 QUICK REFERENCE for the pdA

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  1. The KwaZulu-Natal Planning and Development Act, 2008 QUICK REFERENCE for the pdA Matters that need to be considered

  2. DIVISION OF APPLICATION TYPES Applications in terms of the PDA are divided into two groups in respect of matters that a municipality must consider: • Applications that require a higher number of matters to be considered • Applications that require a lower number of matters to be considered

  3. Applications that require a higher number of matters to be considered The following applications require a higher number of matters to be considered: • A proposal to adopt or replace a scheme and application for the amendment of a scheme • An application for the subdivision of land, including agricultural land • An application for the consolidation of two or more portions of land

  4. The following applications require a lower number of matters to be considered: • An application for consent in terms of a scheme • An application for the phasing of a development after it has been approved • An application for the cancellation of a development • An application for the alteration, suspension and deletion of a restriction contained in a deed registered in the Deeds Office which restrict the use or development of a property • An application for the alteration, suspension and deletion of a condition subject to which an application was approved • An application for the permanent closure of a municipal road or a public place

  5. MERRITS OF THE APPLICATION IMPACT OF THE APPLICATION ON THE ENVIRONMENT, SOCIO-ECONOMIC CONDITIONS, AND CULTURAL HERITAGE • Applicable: All applications • What is it? : environment" means the surroundings within which humans exist and that are made up of: • land, water and atmosphere of the earth • Micro-organisms, plant and animal life • The inter-relationships between the land, water and atmosphere of the earth, micro-organisms, plant and animal life • The physical, chemical, aesthetic and cultural properties and conditions of the land, water and atmosphere of the earth, micro-organisms, plant and animal life that influence human health and well-being

  6. MERRITS OF THE APPLICATION IMPACT OF THE APPLICATION ON THE ENVIRONMENT, SOCIO-ECONOMIC CONDITIONS, AND CULTURAL HERITAGE Cont. “Socio-economic conditions" means • demographic conditions, like age structure and racial composition, and economic conditions, like income and unemployment. • For example, developing agricultural land for residential purposes may create unemployment etc Cultural heritage" includes: • Historic landmarks, Structures older than 60 years, Graves of victims of conflict, Traditional burial places, Battlefields, Archaeological sites, Rock art sites, Paleontological sites (sites with evidence of prehistoric life, including organisms) and Meteorite sites

  7. MERRITS OF THE APPLICATION IMPACT OF THE APPLICATION ON THE ENVIRONMENT, SOCIO-ECONOMIC CONDITIONS, AND CULTURAL HERITAGE Cont. Input required from the municipality? • Yes: • IDP Component and environmental management component (if any) Input required from provincial government? • Possible: •  Prior approval in terms of the Environmental Impact Assessment Regulations, 2006 (Notice No.385 of 2006) •  The prior approval of the AmafaaKwaZulu-Natali Heritage Council in terms of the KwaZulu-Natal Heritage Act, 2008 (Act No. 4 of 2008) may be required. Amongst others, approval is required for the alteration or demolition of buildings that are older than 60 years

  8. MERRITS OF THE APPLICATION IMPACT OF THE APPLICATION ON THE ENVIRONMENT, SOCIO-ECONOMIC CONDITIONS, AND CULTURAL HERITAGE Cont. Input required from national government? • Possible: • Prior approval of the Minister of Environmental Affairs and Tourism in terms of section 65 of the National Environment Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008) for the construction of buildings or structures on coastal public property or within a special management area.

  9. THANK YOUKevin Suzor031 2041711

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