Following a public participation period in November last year, a decision has been made by the Bitou council to exit the joint tribunal.
The Spatial Planning and Land Use Management Act 16 of 2013 (SPLUMA) devolves the power of final decision over land use applications down from provincial to local government level. This is achieved through the creation of land use tribunals. The Act allows local government the option of establishing either its own independent tribunal or joining forces with other municipalities in the area to form a joint tribunal.
In 2015 council opted to form a joint land use tribunal with members of the Eden District Municipality.
Some of the reasons included cost effectiveness as professional staff and experts would have had to be appointed, to spread the potential of bias and safeguard against corruption and the benefits of sharing expertise.
When the municipality revealed last year its plans to withdraw from the joint tribunal, it sparked outcry from a large group of residents who not only submitted their concerns, but started a petition against the move.
Some of the concerns included fears of corruption as the move would leave the control of the appeal authority and the power to influence the election of tribunal members in the hands of a select few.
Other concerns included past controversial land use decisions made by the Bitou Municipality including the small boat harbour project which was later halted after the developer’s scoping report was rejected by the Western Cape Department of Environmental Affairs and Development Planning.
ARTICLE: YOLANDE STANDER, KNYSNA-PLETT HERALD CORRESPONDENT