Kruse and Others v City of Tshwane Metropolitan Municipality and Others (A299/2012) [2015] ZAGPPHC 281 (12 March 2015)

Kruse and Others v City of Tshwane Metropolitan Municipality and Others (A299/2012) [2015] ZAGPPHC 281 (12 March 2015)

The court found that the approval of the building plans for the carport did not violate the appellants' rights under the servitude or the Pretoria Town Planning Scheme. The carport was constructed in accordance with the Scheme's exceptions, and there was no evidence of negative impact on the aesthetics or value of...

Source-derived case information.

Citation
[2015] ZAGPPHC 281
Parties
Appellant: Maria M Kruse; Appellant: Aletta M M Kruse, N.O.; Appellant: Maria E C Bezuidenhout, N.O.; Appellant: Hester Isabella Lotz, N.O.; Respondent: City of Tshwane Metropolitan Municipality; Respondent: T M Rossouw; Respondent: C M Froeling
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
12 March 2015
Case Number
A299/2012
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Refusing Review of Administrative Action
Outcome
Appeal dismissed with costs, including costs of senior counsel for the third respondent.
Judges
A.A. Louw, F.G. Preller, N. Kollapen
Legal Topics
Promotion of Administrative Justice Act, Building Regulations, Servitude Rights, Delegation of Powers, Procedural Fairness, Town Planning Scheme
Administrative Law Land and Property Civil Procedure Promotion of Administrative Justice Act Building Regulations Servitude Rights Delegation of Powers Procedural Fairness +1 more

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Parties

Maria M Kruse

Appellant

Aletta M M Kruse, N.O.

Appellant

Maria E C Bezuidenhout, N.O.

Appellant

Hester Isabella Lotz, N.O.

Appellant

City of Tshwane Metropolitan Municipality

Respondent

T M Rossouw

Respondent

C M Froeling

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Refusing Review of Administrative Action

Legal Issues

  1. 1 Whether the approval of building plans by the City of Tshwane violated the appellants' rights under the servitude and the Pretoria Town Planning Scheme.
  2. 2 Whether the administrative decision to approve the building plans was lawful and procedurally fair under PAJA.
  3. 3 Whether the official who approved the building plans was properly authorised to do so.

Ratio Decidendi

The court found that the approval of the building plans for the carport did not violate the appellants' rights under the servitude or the Pretoria Town Planning Scheme. The carport was constructed in accordance with the Scheme's exceptions, and there was no evidence of negative impact on the aesthetics or value of the appellants' properties. The administrative decision was not procedurally unfair, as no relaxation of the Scheme's requirements was granted and the appellants had no right to be heard prior to approval. The officials involved in the approval process were properly authorised through written delegations, and the process complied with statutory requirements. The appeal was...

Court Disposition

Appeal dismissed with costs, including costs of senior counsel for the third respondent.

Orders

  • The appeal is dismissed with costs.
  • In the case of the third respondent, costs include those of senior counsel.