LAND USE

The government plans to use land in a certain way and you think it is going to have a bad effect on the environment.

WHAT CAN YOU DO?

Check with your local municipality whether there is a formal Land Use Application Appeal Form or an email address that you need to use to lodge your appeal. Also check the time limits on being able to lodge an appeal. Complete the form or send an email and make sure you include the following information:

• Explain your complaint in detail
• Say which NEMA environmental principle/s have been violated (See What are the NEMA principles?)
• Say which law has been broken and why you think the decision is unreasonable (See Checklist: sectoral laws; See Spatial Planning and Land Use Management Plan (SPLUMA))

Once an appeal is lodged, the municipality should circulate it to the relevant parties for a response. Once these responses have been received and the reasons for the appeal have been considered, a report is prepared and sent to the municipal manager. The municipal manager will make a final decision and all parties will be informed in writing. If you are not satisfied with the result of your appeal you can ask the government to appoint a facilitator to have the dispute referred to conciliation.