Development Applications Considerations (2nd stage at council)

(Applications i.t.o sec.4 of Act 103 of 1977 )

The Development Applications Branch, on behalf of the local authority, considers whether an application submitted in terms of sec.4 of Act 103 of 1977 achieves the level of compliance for approval required by sec.7 of Act 103 of 1977.

Again a two stage process is involved:

Step 1) The Building Control Officer (BCO) makes a recommendation to approve or refuse the application to the local authority; and

Step 2) The local authority, together with the recommendation of the Building Control Officer, decides whether to refuse or approve the application submitted.

Recommendation By Building Control Officer (BCO).

The BCO (through delegation) considers a proposal made to the local authority and assesses whether the necessary level of compliance required by Part A to X of the NBR has been achieved, as required by section 6 of Act 103 of 1977.

Where a satisfactory level of compliance has been achieved and the proposal complies with all other applicable laws, the BCO will recommend the approval of the application to the local authority. This recommendation does not presuppose that the local authority is in fact satisfied that approval of the application is possible.

A recommendation to refuse the application will be made where the design of the proposal fails to achieve the necessary level of compliance or is found lacking in terms of any other applicable laws.

Consideration By Local Authority.

The second stage of the process involves the local authority (through delegation) making a decision in terms of sec.7 of Act 103 of 1977.

To arrive at a decision the local authority considers the recommendation made by the BCO, LUM authorization, any other authorizations obtained, ie: Environmental, Heritage (AMAFA), etc, together with any undesirable impact that may result from the construction of the building if it were to be approved.

Where the local authority is not satisfied that the necessary level of compliance has been achieved it will refuse to approve the application. A decision notice of refusal will set out the reasons for refusal.

The decision notice will identify the requirements that fail to achieve compliance. This is not a detailed list of required corrections or endorsements as is often assumed, but rather serves only to identify and direct the owner / architectural professional to those aspects that require further attention or reconsideration.

Where the decision is to refuse an application, the owner is afforded an opportunity to address the identified requirements, and subject to the time frame of 1 year contained in section 7 of Act 103 of 1977 calculated from the original refusal date, submit the application anew for re-consideration.

This however requires that the identified requirements must have been attended to and adequately resolved by the owner / architectural professional. Where not adequately addressed or resolved and the period of 1 year has past new fees in accordance with the tariff of charges will apply and the application will need to be submitted anew. No building work can be commenced with where an application has been refused.

Where the local authority is satisfied that the necessary level of compliance has been achieved it will approve the application in terms of sec.7 of Act 103 of 1977. Such approval authorises the owner to commence building work after serving a notice to this effect on the Building Inspectorate.

The approval of the building application will be indicated on one copy of the plans which will be made available to the owner for collection. The approval granted by the local authority is to be retained and be available for inspection on the building site until completion of the project.

The wording below, confirming approval has been granted, is generally endorsed in the top right hand corner of all copies of the building plan:

 

Any other endorsement containing wording “Authorised “/ “Granted”, does not constitute an approval to build.

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