S.L. 552.4 чл. 6Appeals from planning obligations. S.L. 552.21 and S.L.549.105 S.L. 552.21 and S.L.549.105

(1) A right of appeal shall lie from the Authority’s decision to the Planning Appeals Board in terms of regulation 4(2)

and (4) by any person on whom such notice is issued, within fifteen days from the service of the notice in terms of article 34 of the Act.

(2) In case of an appeal mentioned in subregulation (1), the Appeals Board shall determine only whether a planning obligation has been breached or a payment has not been effected and if it is satisfied that no such breach has occurred or that payment has been effected in terms of the obligation, it shall uphold the appeal. If it is satisfied that a breach has occurred or that payment has not been effected, it shall dismiss the appeal.

(3) In case of such an appeal mentioned in subregulation (1), the provisions of the Act and of the Environment and Planning

Appeals (Fees) Regulations, relating to procedure and fees of appeals from enforcement notices shall apply to mutatis mutandis such appeals.

(4) Where the Authority -

(a) determines that a planning obligation shall continue to have effect or to have effect without modifications requested by an applicant in terms of regulation 5(5), or

(b) fails to give notice of its determination to the applicant within the stipulated time mentioned in regulation 5(6), the applicant may appeal to the Planning Appeals Board within thirty days of his being notified with the determination, or within thirty days of the lapse of the stipulated period above mentioned in paragraph (b), as the case may be.

(5) In case of such an appeal mentioned in subregulation (4), the provisions of the Act and of the Environment and Planning Appeals (Fees) Regulations, relating to procedure and fees of appeals from refusal of a development permission shall apply mutatis mutandis to such appeal.

(6) In the case of subregulation (4)(b), for the purpose of an appeal, it shall be assumed that the Authority has determined that the obligation shall continue to have effect without modification.

(7) An interested third party shall have no right of appeal to the Planning Appeals Board under regulations 3, 4 and 5.