S.L. 552.26 Art. 5Determination of applications. Cap. 551.

(1) When an application is submitted on a site affected by an enforcement notice which is still in force, and the notice was issued following the submission of a formal complaint by third parties, the Executive Chairperson shall inform the same third parties of the submission of the application and request them to indicate, within fifteen days from notification, whether they should be considered as registered interested parties in terms of article 71(6) of the Act. Upon confirmation from the third parties that they should be considered as registered interested parties, the provisions of the Act with regards to registered interested third parties shall apply mutatis mutandis.

(2) The Authority shall, following the recommendation of the Executive Chairperson, decide upon any application which has been validly submitted in accordance to the provisions of regulation 4. In deciding upon any such application, the Authority shall apply the provisions of these regulations. Furthermore, when the Authority does not follow the recommendation of the Executive Chairperson, it shall provide the specific planning reasons adduced by it justifying the overturning of such recommendation.

(3) Where the Authority decides to approve an application submitted in terms of regulation 4, it shall have the power to impose any condition which it may deem necessary, including, but not limited to, the execution of specific works within a specified time-frame of two years failing which the application shall be dismissed.

(4) Any full development permission granted by the Authority in terms of these regulations shall be issued saving third party civil rights and shall not be deemed to confer any proprietary rights or any title whatsoever over the existing development to which the same permission relates. This permission does not exonerate the applicant from obtaining any other necessary permission, license, clearance or approval required from any Government department, local council, agency or authority as required by any law or regulation.

(5) The applicant shall have a right to appeal the Authority’s decision before the Tribunal in terms of the Environment and Review Tribunal Act.

(6) The Authority may, at any time, revoke or modify any permission issued in terms of these regulations in accordance with article 80 of the Act.