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

Prior Approval VS Circulation Comment Prior ApprovalCirculation Item 2 of Schedule 1 of the PDA requires a complete application. 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

Proposed Development River (DWAF) National Road (SANRAL) Grave site (AMAFA) Provincial Road (DOT) Railway line (Spoornet) Power line (Eskom) Old Stone church (AMAFA) EXAMPLE OF CIRCULATION CONSIDERATIONS

Consultation Organ of StateSubdivision inside a scheme Subdivision outside a scheme Development outside a scheme National Dept of Agric -√√ Prov Dept of Agric-√√ DAEA&RD*** DOTIf applicable SANRALIf applicable DWAFIf required Land Claims Comm-√√ Dept Land AffairsUnlikelyIf there are labour issues KWANALU-√√

Consultation Cont. Organ of StateSubdivision inside a scheme Subdivision outside a scheme Development outside a scheme Neighbours√√√ Mineral & EnergyDepends on T/D Condition TelkomIf new service√√ EskomIf new service√√ Water and sewerage Authority √√√ Ezimvelo KZN WildlifeUnlikelyIf applicable EG: bordering KZNDMA Dept. of Minerals & Energy Possible (title deed & undermining) Dependa Key √ - Consult * - 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 StateReason Dept of Agriculture (Nat & Prov) Legislative requirement: Protection of viable agricultural land KwanaluRepresentation 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 StateReason 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 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 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.

WHY CIRCULATE? Cont. Organ of StateReason Dept of TransportShould 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 StateReason 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. AMAFAin 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 BergwatchAny applications that fall within the Drakensberg, should be circulated to Bergwatch for comment

WHY CIRCULATE? Cont. Organ of StateReason Maluti- Drakensberg Trans-Frontier Project Any applications that fall within the Drakensberg