Section 52: Notice for unauthorised activity

52. Notice for unauthorised activity (1) Where it appears to a permit authority that development is being carried out without a development permit, it may, by written notice served on the owner and occupier of the land or the building in respect of which there has been such development, require that person to apply for a development permit. (2) In determining whether to serve a written notice under subsection (1), the permit authority shall take into account such matters as may be prescribed. (3) A development permit certificate issued following the service of a written notice under subsection (1) shall be deemed to take effect from the date on which the activity to which it relates was commenced, or is considered by the permit authority to be likely to have commenced. (4) Subsection (3) shall apply to such conditions, including modification of the development, as the permit authority may impose. (5) The permit authority may require an applicant for a development permit under this section to pay such surcharge as may be prescribed. (S. 52 not in operation.) PART X – THE TRIBUNAL [Heading repealed and replaced by s. 8 (4) (b) of Act 5 of 2012 w.e.f. 1 October 2012.]