(i) have not been dealt with in the application; or
(ii) differ substantially from a condition proposed in the application] why changes were made, if the application was approved with changes [; and (c) if the phasing or cancellation of the layout plan has been approved in part or with changes, the reasons for its approval in part or the changes].”; and
(d) by the deletion of subsection (4).
Amendment of section 56 of Act 6 of 2008
55. Section 56 of the principal Act is hereby amended –
(a) by the substitution for the headnote of the following headnote:
"Persons to be informed of municipality’s decision on application for phasing or cancellation of an approved layout plan";
(b) by the substitution for subsection (1) of the following subsection:
“(1) A municipality must, within 14 days after a decision to approve or refuse the phasing or cancellation of an approved layout plan [, serve notice of its decision on every person who lodged a written comment in terms of Schedule 1] –
(a) serve a copy of its decision, including the reasons for its decision and the conditions of approval, if the application was approved subject to conditions, on the applicant;
(b) inform the applicant in writing –
(i) that the applicant has a right of appeal in terms of this Act;
(ii) of the closing date for the applicant to lodge an appeal;
(iii) that the applicant may waive the right to appeal;
(iv) whether any comments were received in response to the invitation for the public to comment on the application;
(v) that the memorandum of appeal must be hand-delivered to the registrar;
(vi) of the contents of a memorandum of appeal;
(vii) of the persons that must be notified of an appeal, including their contact details, and the closing date by which they must be notified;
(viii) that the applicant has a right to lodge a responding memorandum of appeal in response to an appeal by a person who lodged a written comment in terms of items 5(2)(d) or 14(2)(d) of Schedule 1 and the period within which the applicant must lodge a responding memorandum;
(ix) of the persons that must be served with a copy of a responding memorandum and the period within which the responding memorandum must be served on them;
(x) that the applicant may in writing waive the right to lodge a responding memorandum;
(xi) that the Appeal Tribunal can only condone the late lodging of an appeal, if the request for the late lodging on an appeal was received by the registrar before the closing date to lodge an appeal;
(xii) of the contents of a request for the late lodging of an appeal;
(xiii) of the persons that must be notified of a request for the late lodging of an appeal;
(xiv) that the Appeal Tribunal cannot condone any failure to comply with the appeal procedure, including failure to comply with closing dates; and
(xv) of the effective date of the municipality's decision.
(c) serve a copy of its decision, including the reasons for its decision and the conditions of approval, if an application was approved subject to conditions, on every person who lodged a written comment in terms of section 52(4);
(d) inform persons who lodged a written comment in terms of section 52(4) in writing – (i) that the person has a right of appeal to the Appeals Tribunal;
(ii) of the closing date for the person to lodge and appeal with the Appeals Tribunal;
(iii) that the memorandum of appeal must be hand-delivered to the registrar;
(iv) of the contents of a memorandum of appeal;
(v) of the persons that must be notified of an appeal, including their contact details, and the closing date by which they must be notified;
(vi) that the person has a right to lodge a responding memorandum of appeal in response to an appeal by an applicant or another person who lodged a written
comment in terms of items 5(2)(d) or 14(2)(d) of Schedule 1 and the period within which the responding memorandum must be lodged;
(vii) of the persons that must be served with a copy of a responding memorandum and the period within which the responding memorandum must be served on them;
(viii) that the Appeal Tribunal can only condone the late lodging of an appeal, if the request for the late lodging on an appeal was received by the registrar before the closing date to lodge an appeal;
(ix) of the contents of a request for the late lodging of an appeal;
(x) of the persons that must be notified of a request for the late lodging of an appeal;
(xi) that the Appeal Tribunal cannot condone any failure to comply with the appeal procedure, including failure to comply with closing dates; and
(xii) of the effective date of the municipality's decision."
(c) by the insertion after subsection (2) of the following subsection:
“(2A) If the persons were invited to comment on an application as contemplated is section 52(2), the municipality must –
(a) serve a copy of its decision, including the reasons for its decision and the conditions of approval, on every person who lodged a written comment;
(b) inform persons who lodged a written comment in writing –
(i) that the person may obtain copies of the reasons for the municipality’s decision and the conditions of its approval from the municipality, if copies thereof did not accompany the municipality’s decision;
(ii) that the person has a right of appeal in terms of this Act;
(iii) of the closing date for the person to lodge an appeal; and (iii) of the contents of a memorandum of appeal;
(iv) of the persons that must be notified of an appeal and the closing date by which they must be notified;
(v) that the person has a right to lodge a responding memorandum of appeal in response to an appeal by an applicant or another person who lodged a written comment in terms of items 5(2)(d) or 14(2)(d) of Schedule 1 and the period within which the responding memorandum must be lodged;
(vi) of the persons that must be served with a copy of a responding memorandum and the period within which the responding memorandum must be served on them;
(vii) that the Appeal Tribunal can only condone the late lodging of an appeal, if the request for the late lodging on an appeal was received by the registrar before the
closing date to lodge an appeal;
(viii) of the contents of a request for the late lodging of an appeal;
(ix) of the persons that must be notified of a request for the late lodging of an appeal;
(x) that the Appeal Tribunal cannot condone any failure to comply with the appeal procedure, including failure to comply with closing dates; and
(xi) of the effective date of the municipality's decision. ”; and (d) by the substitution for subsection (5) of the following subsection:
“(5) A municipality must within 14 days of a request by [the applicant or any other] a person on whom notice was served in terms of subsection (1), provide the [applicant or that] person –
(a) with a copy of the municipality’s decision and the reasons for the decision; and (b) if the application was approved subject to conditions, with a copy of all the conditions imposed by the municipality [, together with the reasons for imposing those conditions].”.
Amendment of section 57 of Act 6 of 2008