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Updated: 13 October 2018

7. Approval by Local Authorities in respect of Erection of Buildings

1. If a local authority, having considered a recommendation referred to in section 6(1)(a) -


(a) is satisfied that the application in question complies with the requirements of this Act and any other applicable law, it shall grant its approval in respect thereof;

[Para. (a) substituted by s. 4 (a) of Act 62 of 1989.]


(b)

(i) is not so satisfied; or


(ii) is satisfied that the building to which the application in question relates -


(aa) is to be erected in such manner or will be of such nature or appearance that -


(aaa) the area in which it is to be erected will probably or in fact be disfigured thereby;


(bbb) it will probably or in fact be unsightly or objectionable;


(ccc) it will probably or in fact derogate from the value of adjoining or neighbouring properties;


(bb) will probably or in fact be dangerous to life or property,


such local authority shall refuse to grant its approval in respect thereof and give reasons for such refusal:

[Para. (b) amended by s. 4 (b) of Act 62 of 1989.]


Provided that the local authority shall grant or refuse, as the case may be, its approval in respect of any application where the architectural area of the building to which the application relates is less than 500m2, within a period of 30 days after receipt of the application and, where the architectural area of such building is 500m2 or larger, within a period of 60 days after receipt of the application;

[Sub-s. (1) amended by s. 4 (c) of Act 62 of 1989.]


2. .....

[Sub-s. (2) deleted by s. 4 (d) of Act 62 of 1989.]


3. When a local authority has granted its approval in accordance with subsection (1)(a) in respect of any application, such approval shall be endorsed on at least one of the copies of the plans, specifications and other documents in question returned to the applicant.


4. Any approval granted by a local authority in accordance with subsection (1)(a) in respect of any application shall lapse after the expiry of a period of 12 months as from the date on which it was granted unless the erection of the building in question is commenced or proceeded with within the said period or unless such local authority extended the said period at the request in writing of the applicant concerned.


5. Any application in respect of which a local authority refused in accordance with subsection (1)(b) to grant its approval, may, notwithstanding the provisions of section 22, at no additional cost and subject to the provisions of subsection (1) be submitted anew to the local authority within a period not exceeding one year from the date of such refusal -


(a)

(i) if the plans, specifications and other documents have been amended in respect of any aspect thereof which gave cause for the refusal; and


(ii) if the plans, specifications and other documents in their amended form do not substantially differ from the plans, specifications or other documents which were originally submitted; or


(b) where an application is submitted under section 18;

[Sub-s. (5) substituted by s. 4 (e) of Act 62 of 1989.]


6. The provisions of this section shall not be construed so as to prohibit a local authority, before granting or refusing its approval in accordance with subsection (1) in respect of an application, from granting at the written request of the applicant and on such conditions as the local authority may think fit, provisional authorization to an applicant to commence or proceed with the erection of a building to which such application relates.

[Sub-s. (6) substituted by s. 4 (f) of Act 62 of 1989.]


7.

(a) An application which is substantially the same as an application referred to in this Act and which before the date of commencement of this Act has been lodged with a local authority for its consideration and in respect of which such local authority on that date has not yet granted or refused its approval, shall be considered by such local authority as if this Act had not been passed.


(b) Approval granted by a local authority before the date of commencement of this Act in respect of an application substantially the same as an application referred to in this Act, shall be deemed to have been granted in terms of this section if the erection of the building in question has not been commenced with before the said date.


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