Ethekweni Municipality v Vukukhanye Personnel Services CC (2164/2010) [2011] ZAKZDHC 30 (21 June 2011)

Ethekweni Municipality v Vukukhanye Personnel Services CC (2164/2010) [2011] ZAKZDHC 30 (21 June 2011)

The court found that the property was zoned 'Special Residential 1' and that the respondent's use of the property for business purposes was in clear contravention of the Town Planning Scheme. The respondent's reliance on a rates assessment form was rejected as irrelevant to zoning. The court held that the onus was not on the applicant to prove the absence of a historical business use, but rather on the respondent to establish such a defence. The respondent failed to show any exemption from the requirement to submit building plans for the generator room and wooden hut, and no written consent for minor building works was produced. The court determined that the applicant had established a...

Citation
[2011] ZAKZDHC 30
Parties
Applicant: Ethekweni Municipality; Respondent: Vukukhanye Personnel Services CC
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
21 June 2011
Case Number
2164/2010
Procedural Posture
Urgent Application / First Instance Judgment
Outcome
Application granted. Interdict issued. Conditional demolition order granted.
Judges
Lopes
Legal Topics
Town Planning Scheme, Zoning Dispute, Building Regulations, Interdict, Minor Building Work
Land and Property Administrative Law Town Planning Scheme Zoning Dispute Building Regulations Interdict Minor Building Work

Case Brief

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Parties

Ethekweni Municipality

Applicant

Vukukhanye Personnel Services CC

Respondent

Procedural Posture

Urgent Application / First Instance Judgment

Legal Issues

  1. 1 Whether the respondent's use of the property contravenes the Pinetown Town Planning Scheme.
  2. 2 Whether the respondent is required to submit building plans under the National Building Regulations and Building Standards Act, 1977.
  3. 3 Whether the respondent is entitled to an exemption for minor building works.

Ratio Decidendi

The court found that the property was zoned 'Special Residential 1' and that the respondent's use of the property for business purposes was in clear contravention of the Town Planning Scheme. The respondent's reliance on a rates assessment form was rejected as irrelevant to zoning. The court held that the onus was not on the applicant to prove the absence of a historical business use, but rather on the respondent to establish such a defence. The respondent failed to show any exemption from the requirement to submit building plans for the generator room and wooden hut, and no written consent for minor building works was produced. The court determined that the applicant had established a...

Court Disposition

Application granted. Interdict issued. Conditional demolition order granted.

Orders

  • The respondent is interdicted and restrained from using the property in contravention of the Pinetown Town Planning Scheme and from using it for any purpose other than those permitted under 'Special Residential 1' zoning.
  • The respondent is interdicted and restrained from occupying or using any portion of the generator room and wooden hut structure.