Article 80 of the Development Planning Act : a critical analysis

Abstract

The dissertation contains a detailed critical analysis regarding the Revocation Article Article 80 of the Development Planning Act. Ultimately, the author will seek to answer 2 fundamental research questions in this dissertation. First, whether Article 80 addresses the anomalies encountered in previous revocation articles, and secondly, whether Article 80 is articulated well enough to give the required legal certainty. The organisation of the dissertation facilitates the answering of these questions. Chapter 1 serves as an introduction for the dissertation. It provides preliminary information which is essential for the reader before delving further into the dissertation. This chapter also contains other introductory information in the form of a Literature Review and a Methodology. Chapter 2 contains a thorough and rigorous examination of the different editions of the revocation articles through time. After differentiating between the concepts of revocation and appeal from a decision of a development permission application, this chapter analyses the history of the Revocation Article. This is done first by outlining the situation prior to the introduction of any provision dealing specifically with revocation, and then by analysing and comparing the different versions of the Revocation Article. Chapter 3, on the other hand, provides a parallel analysis of the behaviour of the Courts. It delineates how the behaviour of the Courts evolved according to the intent of the legislator and the amendments on the revocation articles. Chapter 4 concentrates solely on the current Revocation Article by bringing to the surface any legal gaps or anomalies present in said article. Chapter 5 is the final chapter. This chapter binds the dissertation by presenting conclusions and by answering the research questions, the first mainly through chapters 2 and 3, while the second question mainly by virtue of Chapter 4.