GUIDELINES TO THE PUBLIC PARTICIPATION PROCESS
Where the KZN Amafa and Research Institute (The Institute) deems it to be in the best interest of the public it will require that a public consultation process be followed prior to it issuing permits for the demolition, damage to, alterations or additions to buildings, sites or graves. This requirement is usually applicable to all demolitions of structures that are over 60 years of age and all alterations/destruction of graves that are over 60 years of age. It will also apply to all alterations to heritage sites listed on the Schedule in terms of Sections 42 – 47 of the KZN Amafa and Research Institute Act (5/2018). The type and level of consultation will be determined by the Institute.
PROCESS TO BE FOLLOWED
2.1. Where The Institute intends to issue a permit or approval in the case of scheduled heritage sites, it will publish a notice of such intention on the website (record of decisions) and/or in the Government Gazette as soon after the approval as possible.
2.2. The Institute will notify the municipality directly but will provide applicants with a set of standard forms for the applicant to deliver by registered mail or by hand to the other stakeholders, including the resident in the property, and immediate neighbours, and any others identified by the review committee.
2.3. In addition to 2.2 all applications for damage, alterations or additions to or redecoration of structures protected in terms of Sections 42, 43, 44, 45 of the KZN Amafa and Research Institute Act (5 of 2018) – listed and permanently protected structures & sites – will undergo stakeholder consultation process as determined by the review committee. All alterations to graves protected under Sections 38 & 39, 46, & battlefields, monuments & memorials protected under Sections 47 will also be subjected to public & stakeholder consultation.
2.4. Applications for sensitive structures protected under the general protection of all structures over 60 years of age in terms of Section 37 of the Act will also undergo stakeholder consultation process as determined by the review committee. However, the Council of The Institute or its appointed review committee may dispense with this provision where a structure/building over 60 years of age will not be affected by the proposal.
2.5. Stakeholder Participation: The process referred to in 2.3 and 2.4 could be limited to immediate neighbours, but could include other stakeholders such as ward Councillors and ward committees, residents associations, and heritage societies or known interest groups in a particular area. The Committees could also require that it include all residents/owners of property within 100m of the applicant property where a permanently protected structure is affected, where demolition of the structures on the site or major alteration of generally protected structures is proposed. The applicant must ensure that the stakeholders receive notification of the intention to issue the permit and afford them the opportunity to review the proposed work contained in the application.
2.6. All responses/representations/objections must be forwarded to The Institute directly. Thirty days after the publication/posting of the notice is allowed for the lodging of responses/ representations/objections but The Institute must be notified of the intention to do so within fourteen days of the posting of the notice.
2.7. All costs relating to this process must be borne by the applicant.
FORMS (links to the forms can be found at the bottom of this page)
The following package of Public Participation Forms are to be made available to all stakeholders:
3.1. A Notification of Intention to Issue a Permit: for distribution to neighbours/ stakeholders.
3.2. A Neighbour’s Consent Form: for consenting neighbours to sign in addition to signing on the submission plans.
3.3. A Notification of Intention to lodge a Response/Objection/Representation Form: to notify The Institute within 14 days of receipt of notification of proposal.
3.4. A Response/Objection/Representation Form: for setting out the grounds for objections in terms of the heritage legislation to be made available to all stakeholders for use in their submission of representations.
3.5. A poster: to be placed on the site/building/boundary
DISTRIBUTION OF FORMS AND LETTERS/NOTIFICATIONS
The applicant must send the above forms to neighbours/ stakeholders by registered mail at his/ her cost. Proof of registered mail posting must be sent to The Institute.
Where only the immediate neighbours are required to be consulted, the applicant may choose to hand deliver the application, plans and above-mentioned forms to the neighbours. In which case proof of receipt of the package of Public Participation forms must be obtained. Where neighbours agree with the proposal they must sign on the plans as well as the Neighbour’s Consent Form. These must then be submitted to The Institute within fourteen days.