Land Development Law
Land Development Law
Land development projects are complex and require more than just a vision. They require an understanding of legal frameworks, the ability to navigate regulations, and strategic problem-solving at every stage.
Representing Developers, Applicants, Municipalities, or Objectors at hearings before Municipal Planning Tribunals and Appeal Tribunals.
Offering strategic advice on land development issues.
Land Development Applications, Applications for Environmental Authorisations, Bulk Services Contributions, Valuation Rolls, and more.
Providing due diligence services to prepare and review Land Development Applications (e.g., Township Establishment, rezoning, consents, subdivisions) before submission to Municipalities.
Providing due diligence services to prepare and review Land Development Applications (e.g., Township Establishment, rezoning, consents, subdivisions) before submission to Municipalities.
Navigating and applying various Town Planning Legislation, including the Spatial Planning and Land Use Management Act (Act 16 of 2013), Town Planning and Township Ordinance (Ordinance 15 of 1986), Building Regulations and Standards Act (Act 103 of 1977), and Municipal Planning By-laws.
Environmental Law
Environmental law is pivotal when it comes to safeguarding natural resources while pursuing development projects. It demands a thorough understanding of environmental regulations, proactive compliance strategies, and innovative legal solutions to address challenges.
Reviewing and commenting on Basic Assessment, Scoping and Environmental Impact Assessment Reports.
Noting and opposing appeals against Environmental Authorisations approved or denied by Provincial Environmental Departments.
Challenging decisions in terms of the National Environmental Management Act, 107 of 1998 and the National Environmental Management Protected Areas Act, 57 of 2003.
Challenging pre-compliance and compliance notices issued to clients by Municipalities or Provincial Departments under the National Environmental Management Act, 107 of 1998.
Contesting administrative fines imposed on clients under Section 24G of the National Environmental Management Act, 107 of 1998.
Providing legal advice on environmental impact assessments and the public participation process.
Local Government Law
Local Government is the tier of Government that all persons, including juristic entities interact with daily. Administered through a variety of legislation, Regulations, Ordinances, By-Laws, Land Use Schemes and Policies, that collectively make-up Local Government Law.
The applicable legal/regulatory framework is intricate, including statutes such as the Municipal Property Rates Act (Act 6 of 2004) and the Spatial Planning and Land Use Management Act, Act 16 od 2013.
It is essential that when navigating such regulatory environment, advice from a well-established and equipped firm such as Ivan Pauw & Partners is procured, ensuring that, where necessary, proper understanding and remedies are employed in the resolution of disputes that may arise, including administrative errors on rates and taxes accounts, the unlawful/irregular termination of services, the use and development (rezoning) of land etc,.
Submitting comments on Municipal Property Rates Policies, By-laws and Spatial Development Frameworks.
Challenging Municipality’s budgets, tariffs, property rates policies, by-laws and Building plans approvals.
Disputing property valuations under the Municipal Property Rates Act 6 of 2004.
Addressing incorrect billing on municipal rate accounts.
Contribution and service level agreement disputes.
Invoking disputes and urgent High Court litigation for essential service supply.
Appearing before Valuation Appeal Boards and instituting High Court Reviews challenging Appeal Board decisions.
Administrative Law
Viewed from a land development perspective, Ivan Pauw & Partners will ensure that your legal rights that are enshrined in the Constitution such as the right to “Property” and the “Environment”, are adequately protected through the proper application of the legal/regulatory framework that applies to the land development environment.
Filing administrative appeals against the refusal for the subdivision of agricultural land under the Subdivision of Agricultural Land Act, 70 of 1970.
Assisting clients with municipal rates disputes and liaising with local authorities on their behalf and Invoking disputes against Municipal rates invoices in terms of Municipal Systems Act 32 of 2000.
Submitting objections and administrative appeals in terms of the Municipal Property Rates Act 6 of 2004 against the decisions of the Municipal Valuer.
Filing comments to Municipal policies during the public participation process and challenging policy or legislative decisions made outside the legal authority of administrators.
Filing Section 62 appeals against administrative decisions taken by Municipal Officials to either the Municipal manager or Municipal Councils.