Ramdass N.O. and Others v Ethekwini Municipality and Others (11971/2013) [2014] ZAKZDHC 27 (17 June 2014)

Ramdass N.O. and Others v Ethekwini Municipality and Others (11971/2013) [2014] ZAKZDHC 27 (17 June 2014)

The court found that the applicants were afforded an adequate opportunity to inspect the building plans and submit objections, and that their entitlement to a hearing was satisfied by the invitation extended by the local authority. The main objection regarding derogation of property value was rejected, as the risk of view obstruction was already discounted in market value and the building complied with legal restrictions. The technical objections regarding coverage, garden space, building lines, boundary walls, and sewer pipe dimensions were found to be either without merit or not materially affecting the applicants. The delegation of functions by the building control officer was properly...

Citation
[2014] ZAKZDHC 27
Parties
Applicant: Shahir Ramdass N.O.; Applicant: Aarthi Ramdass N.O.; Applicant: Vinesh Ramdass N.O.; Applicant: Yaseen Kahn; Applicant: Reyaaz Jacobs; Applicant: David McNaught; Applicant: Max Miller; Respondent: Ethekwini Municipality; Respondent: Hugo Eunomy van der Walt N.O.; Respondent: Tasleem Sayed N.O.; Respondent: Taahir Sayed N.O.
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
17 June 2014
Case Number
11971/2013
Procedural Posture
Review Application / Judgment After Hearing on 21 May 2014
Outcome
Application dismissed with costs, including those consequent on the employment of senior counsel and, where applicable, two counsel. Costs reserved by Vahed J included.
Judges
Ploos van Amstel
Legal Topics
Building Plan Approval, National Building Regulations, Procedural Fairness, Delegation of Powers, Town Planning Scheme, Judicial Review
Administrative Law Land and Property Building Plan Approval National Building Regulations Procedural Fairness Delegation of Powers Town Planning Scheme Judicial Review

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 13 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Shahir Ramdass N.O.

Applicant

Aarthi Ramdass N.O.

Applicant

Vinesh Ramdass N.O.

Applicant

Yaseen Kahn

Applicant

Reyaaz Jacobs

Applicant

David McNaught

Applicant

Max Miller

Applicant

Ethekwini Municipality

Respondent

Hugo Eunomy van der Walt N.O.

Respondent

Tasleem Sayed N.O.

Respondent

Taahir Sayed N.O.

Respondent

Procedural Posture

Review Application / Judgment After Hearing on 21 May 2014

Legal Issues

  1. 1 Whether the approval of building plans by the local authority complied with statutory requirements.
  2. 2 Whether the applicants were afforded a proper hearing before approval of the plans.
  3. 3 Whether the building control officer and his delegate were properly authorised.

Ratio Decidendi

The court found that the applicants were afforded an adequate opportunity to inspect the building plans and submit objections, and that their entitlement to a hearing was satisfied by the invitation extended by the local authority. The main objection regarding derogation of property value was rejected, as the risk of view obstruction was already discounted in market value and the building complied with legal restrictions. The technical objections regarding coverage, garden space, building lines, boundary walls, and sewer pipe dimensions were found to be either without merit or not materially affecting the applicants. The delegation of functions by the building control officer was properly...

Court Disposition

Application dismissed with costs, including those consequent on the employment of senior counsel and, where applicable, two counsel. Costs reserved by Vahed J included.

Orders

  • The application is dismissed with costs, including those consequent on the employment of senior counsel and, where applicable, two counsel.
  • Such costs will include those reserved by Vahed J.