Renken and Another v Kwadukuza Municipality and Others (9234/15) [2017] ZAKZPHC 20 (30 May 2017)

Renken and Another v Kwadukuza Municipality and Others (9234/15) [2017] ZAKZPHC 20 (30 May 2017)

The application for review and interdictory relief became moot as the development proceeded and the conditions in question were either varied or dispensed with by the Municipality. The conditions imposed were not precedent, as they could be complied with during the development and were subject to change by the Municipality. The remedies sought by the applicants were disproportionate to the harm alleged and not appropriate given the nature of the conditions and the statutory framework. The applicants could not reasonably have expected to succeed in securing such expansive remedies. The applicants' fears regarding traffic inconvenience did not materialise, and their motives were found to be...

Citation
[2017] ZAKZPHC 20
Parties
Applicant: Martin Bruce Renken; Applicant: IM A Rent Collector (Pty) Ltd; Respondent: Kwadukuza Municipality; Respondent: Menlyn Maine Investment Holdings (Pty) Ltd; Respondent: Flanagan & Gerhard Investments (Pty) Ltd; Respondent: KwaZulu-Natal Department of Transport; Respondent: Member of the Executive Council for Transport, Community Safety & Liaison, KwaZulu-Natal
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
30 May 2017
Case Number
9234/15
Procedural Posture
Review Application / Costs Determination After Application Became Moot
Outcome
Application for review and interdictory relief became moot; applicants ordered to pay the costs of all respondents.
Judges
D. Pillay
Legal Topics
Site Development Plan Approval, Conditions Precedent, Municipal Planning, Building Regulations, Costs Award, Remedies in Review
Administrative Law Land and Property Site Development Plan Approval Conditions Precedent Municipal Planning Building Regulations Costs Award Remedies in Review

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Parties

Martin Bruce Renken

Applicant

IM A Rent Collector (Pty) Ltd

Applicant

Kwadukuza Municipality

Respondent

Menlyn Maine Investment Holdings (Pty) Ltd

Respondent

Flanagan & Gerhard Investments (Pty) Ltd

Respondent

KwaZulu-Natal Department of Transport

Respondent

Member of the Executive Council for Transport, Community Safety & Liaison, KwaZulu-Natal

Respondent

Procedural Posture

Review Application / Costs Determination After Application Became Moot

Legal Issues

  1. 1 Whether the conditions imposed by the Municipality were conditions precedent to development approval.
  2. 2 Whether the applicants had prospects of success in the review application when launched.
  3. 3 Whether the remedies sought by the applicants were appropriate and proportionate to the harm alleged.

Ratio Decidendi

The application for review and interdictory relief became moot as the development proceeded and the conditions in question were either varied or dispensed with by the Municipality. The conditions imposed were not precedent, as they could be complied with during the development and were subject to change by the Municipality. The remedies sought by the applicants were disproportionate to the harm alleged and not appropriate given the nature of the conditions and the statutory framework. The applicants could not reasonably have expected to succeed in securing such expansive remedies. The applicants' fears regarding traffic inconvenience did not materialise, and their motives were found to be...

Court Disposition

Application for review and interdictory relief became moot; applicants ordered to pay the costs of all respondents.

Orders

  • The applicants are ordered to pay the costs of all the respondents.