Adoway (Pty) Ltd and Others v Tshwane Metropolitan Municipality and Others (031793/2023) [2025] ZAGPPHC 339 (27 March 2025)

Adoway (Pty) Ltd and Others v Tshwane Metropolitan Municipality and Others (031793/2023) [2025] ZAGPPHC 339 (27 March 2025)

The court found that the City’s refusal to approve the full title building plans was rational, reasonable, and lawful. The approval of site development plans and sectional title building plans did not confer an automatic right to approval of full title building plans, as each process is governed by distinct legal requirements. The City’s decision was based on the presence of windows on boundary lines, which could disfigure or derogate the value of neighbouring properties and pose safety and privacy risks. The applicants failed to demonstrate that the City’s decision was irrational or contrary to PAJA. The delay in bringing the review application was condoned in the interests of justice,...

Citation
[2025] ZAGPPHC 339
Parties
Applicant: Adoway (Pty) Ltd; Applicant: Jan Gerhardus de Waal; Applicant: Karee Ontwikkelaars (Pty) Ltd; Applicant: Zeranza 12 (Pty) Ltd; Applicant: Petrus Benjamin Wiese; Applicant: Melanie Wiese; Applicant: Robyn van Aardt; Applicant: Gideon Ferreira; Respondent: Tshwane Metropolitan Municipality; Respondent: P Machette; Respondent: A.F Jansen; Respondent: Jason Ngobeni
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
27 March 2025
Case Number
031793/2023
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs on Scale C.
Judges
N P Mali
Legal Topics
Promotion of Administrative Justice Act, Building Regulations, Municipal Decision Review, Property Rights, Site Development Plans
Administrative Law Land and Property Promotion of Administrative Justice Act Building Regulations Municipal Decision Review Property Rights Site Development Plans

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Parties

Adoway (Pty) Ltd

Applicant

Jan Gerhardus de Waal

Applicant

Karee Ontwikkelaars (Pty) Ltd

Applicant

Zeranza 12 (Pty) Ltd

Applicant

Petrus Benjamin Wiese

Applicant

Melanie Wiese

Applicant

Robyn van Aardt

Applicant

Gideon Ferreira

Applicant

Tshwane Metropolitan Municipality

Respondent

P Machette

Respondent

A.F Jansen

Respondent

Jason Ngobeni

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the City’s refusal to approve full title building plans for the applicants’ properties is reviewable under PAJA.
  2. 2 Whether the City’s decision was irrational, unreasonable, or contrary to law.
  3. 3 Whether the applicants are entitled to condonation for delay in bringing the review application.

Ratio Decidendi

The court found that the City’s refusal to approve the full title building plans was rational, reasonable, and lawful. The approval of site development plans and sectional title building plans did not confer an automatic right to approval of full title building plans, as each process is governed by distinct legal requirements. The City’s decision was based on the presence of windows on boundary lines, which could disfigure or derogate the value of neighbouring properties and pose safety and privacy risks. The applicants failed to demonstrate that the City’s decision was irrational or contrary to PAJA. The delay in bringing the review application was condoned in the interests of justice,...

Court Disposition

Application dismissed with costs on Scale C.

Orders

  • The application is dismissed with costs on Scale C.