Town Planning Appeals Board

The Town Planning Appeals Board, established in terms of Section 73 bis of the Natal Town Planning Ordinance 27 of 1949, is responsible for adjudicating certain town planning decisions that are appealed against, emanating from the Town Planning Ordinance. The board comprises between three and 15 people.

Powers of Appeal

The board shall have the power to hear and decide any appeal where a right of appeal to the board is conferred by the appellant by this Ordinance or any scheme. Every appeal heard in term of provisions of this Chapter shall be heard by the board at a place and time as the chairman decides, and the hearing of an appeal may be adjourned by the chairman from time to time to any time and place that may seem convenient. All acts authorized and required to be done by the board, and all questions that may come before it for a decision shall be done and decided by the majority of the board; provided that in the case of an equality of votes the chairman shall, in addition to a deliberative vote, also have a casting vote; provided further that any matter of law arising for decision is a matter of fact or a matter of law, shall be decided by the chairman of the board, and other members shall have no voice in such decision. The Commission shall have the right through its duly accredited representative of addressing the board in any appeal. The board may summon any person to appear before it and give evidence or produce any such document or other article, and the board shall in the performance of its duties under this Chapter have all the powers, jurisdiction and privileges which are conferred upon commissions by the Commissions Ordinance 1966(Ordinance No. 26 of 1966), and several of the provisions of that Ordinance, with the exceptions of section 2 and 4 of that ordinance. The board may take cognizance of any matter or document or other information which would, assist in its consideration of the issue before it, and it may adjourn any meeting for the purpose of an inspection, for which purpose it shall have the power at any reasonable hour to enter and inspect the land and any buildings. The board can refer a matter to a local authority to obtain further evidence or provide further information as the board may require. The board has the authority to confirm, alter or set aside the decision of the local authority. The board shall not have the power to make an award of costs of appeal against the local authority or against the appellant, except where the appeal is held to be frivolous or vexatious.

Once the board has come to a decision on an appeal, the secretary to the board may then submit to the Minister a statement showing the facts upon which the decision of the board was based and the reasons of the board for its decision.

Review

The Minister may review the decision of the board by requesting a record of the proceedings and further has the powers to summon any person to appear before him and give evidence regarding such matter. The Minister may refer the matter back to the board with instructions to deal with any question or matter and may direct the board to obtain any further evidence as he may require. The final decision is then made known to the secretary who in turn shall notify the parties concerned of such decision.

General

Once the Ordinance is repealed, the membership of the Board will be reviewed. The Minister is empowered in terms of Section 73 bis of the Natal Town Planning Ordinance to appoint the Board.

Town Planning Appeals Board Contact Details

Should you require assistance in matters relating to the Town Planning Appeals Board, kindly contact:

Town Planning Appeals Board Members

Town Planning Appeals Board Application Form

Download application form