1.6 Procedures to Confirm Developmental Approval/Consent Amendments

The sixth of eight steps in the Land and Development Rights Audit phase.

Given that in most instances the approvals/consents were issued some time ago, the relevant authority must be consulted in order to agree the procedures and documents to be submitted to effect an amended approval/consent. However, there are several "Show Stoppers" that may create delays in this process.

What are the potential 'Show Stoppers'?

• An amendment that will first require the intervention of a court.

• Land rights, generally informal, that have not been addressed and acquired if such rights cannot be accommodated in the proposed development.

• Servitudes that must be cancelled where the owner of the servitude is not traceable or refuses such cancellation.

• Leases that have not been cancelled.

• Any other right or condition of title that cannot be removed in terms of an administrative procedure e.g. Cancellation of a Deed Grant.

• The amendments are of such material extent that the public process must be ‘re-done’.

• ‘Licenses’ for certain activities, generally in reference to Bulk Infrastructure requirements, must be commenced from ‘scratch’.

• Encroachments (especially into environmentally sensitive areas or service corridors or roads).

How does one achieve the above where there are two or more organs of state affected and who must give their comment and/or approval?

• Consideration must be given to concluding an Implementation Protocol in terms of Section 35 of the Intergovernmental Relations Framework Act, Act 13 of 2005.

• The conclusion of certain Service Level Agreements between the relevant organs of state and between internal Municipal Departments.

• Seek ‘political’ interventions.