Public Participation Guide
REGULATIONS PUBLISHED IN THE GOVERNMENT GAZETTE 2 APRIL 2012 REQUIRE THE FOLLOWING:
Regulation: 2(5) If the Council decides to grant the approval for the demolition, alteration or addition to a structure in terms of section 33(1)(a) of the Act, the Council must give notice in the Gazette of the intention to grant such approval.
(6) The Council may dispense with the process referred to in sub-regulation (5) by means of a special resolution of the Council setting out justifiable and cogent reasons indicating that such process would, in the particular matter at hand, place an unfair or unintended administrative or financial burden on the Council.
(7) The notice referred to in sub-regulation (5) must-
(a) identify the affected site and include the following information regarding the site
(i) a full description of the site where the structure is situated,
(ii) the name and address of the applicant; and
(iii) the actual or probable cultural significance of the structure; and
(b) give interested parties an opportunity to make written representations or submissions regarding the approval for the demolition, alteration or addition to such a structure, within a period of not less than 30 days.
(8) The intention of lodging such representations or submissions must be received by the Council within 14 days of the date of publication of the notice.
(9) The Council must, in addition to the notice to be published in terms of sub-regulation (5), cause a copy of such notice to be sent by registered post or delivered to-
(a) the person or body in current control of the structure;
(b) the registered owner of the land and the occupier of the structure;
(c) the municipal manager of the municipality for the area in which the structure is situated; and
(d) all known stakeholders in the general area in which the affected property is situated, advising those persons that they may make written representations or submissions regarding the possible approval for the demolition, alteration or addition to such a structure.
(10) The intention of lodging such representations or submissions must be received by the Council within 14 days of the notice publication date.
(11) The Council must consider the application and make a finding no more than 15 days after any representations or submissions contemplated in sub-regulations (7) and (9) are received.
