According to the Town Planning Scheme the application consent process requires the applicant to notify the residents of the neighbourhood to be affected of the application before starting to operate.
It states —
“1. If a provision in the Town Planning Scheme makes this clause applicable to an application for consent, the applicant shall, within a period of seven days of submitting the application to the Council, cause notice of the application to be displayed on the site in English and at the discretion of the Council any other official language(s), which notice: a. Shall be in a format as specified by the Council
b. Shall be posted in conspicuous place on the erf, where it is easily visible and can easily be read from each and every adjacent public street or other public place
c. Shall be maintained in a clearly legible condition for a period of 21 days
d. Shall reflect details of the application including the street address, the name of the township and the number of the erf concerned and the nature and general purpose of the application
e. Shall reflect the date on which the application was submitted to the Council and the name, postal address and telephone number of the applicant
f. Shall reflect that the application documents relating to the application will be open for inspection at specified times and at a specified place at the Council’s offices and that any objection or representations in regard thereto must be submitted in writing both to the Council and the applicant under cover of registered or certified post or by hand within a period of 35 days from the date on which the application was submitted to the Council
2. In instances where the subject erf adjoins erven in Use Zones “Residential 1, 2, 3, 4 and 5”, also dispatch by registered or certified mail, notice to all owners of all contiguous erven, including those on the opposite side of the street or lane, within 7 days from submitting the application to the Council, informing them of the application as per Sub-clause (1)
3. The applicant shall submit proof to the satisfaction of the Council that the provisions of Sub-clause (1) and (2) have been complied with
4. The Council may require the applicant to notify additional stakeholders and interested parties
The Dayspring International Study Centre principal Sue Parry, has admitted that she never notified the neighbours of the application for consent.
