Dykema v Bela Bela Local Municipality and Another (91319/15)
Dykema v Bela Bela Local Municipality and Another (91319/15) [2017] ZAGPPHC 277 (22 June 2017)
The court found that the approval granted by the DFT to the applicant on 1 November 2012 was a nullity, as the tribunal lacked statutory power after the expiry of the suspension period on 17 June 2012, in line with the Shelton decision. Consequently, the applicant cannot obtain relief based on the invalid approval. However, the court held that the applicant's application for land use rights remains pending before the Municipality and must be processed and disposed of in terms of section 60(2)(a) of SPLUMA. The Municipality is directed to commence processing the application within 60 days of t…
Source excerpt
- Spatial Planning And Land Use Management Act
- Development Facilitation Act
- Municipal Planning Authority
- Transitional Provisions
- Mandamus
- Pending Application Processing