Tavakoli and Another v Bantry Hills (Pty) Ltd (1251/2017) [2018] ZASCA 159; 2019 (3) SA 163 (SCA) (28 November 2018)

Tavakoli and Another v Bantry Hills (Pty) Ltd (1251/2017) [2018] ZASCA 159; 2019 (3) SA 163 (SCA) (28 November 2018)

The court held that the appellants failed to establish locus standi to challenge the approval of building plans for the Bantry Hills property. Item 40(c) of the Development Management Scheme was enacted to address traffic congestion in narrow abutting roads, and the class of persons intended to benefit comprises owners and users of properties on those roads. The appellants’ properties were not situated on or directly affected by Tramway Road or Ilford Road, the narrow roads in question. Furthermore, the appellants did not allege or prove any harm caused by the alleged contravention of item 40(c), nor did they demonstrate that they belonged to the specific class for whose benefit the...

Citation
[2018] ZASCA 159
Parties
Appellant: Allen Targhi Tavakoli; Appellant: DLX Property (Pty) Ltd; Respondent: Bantry Hills (Pty) Ltd
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
28 November 2018
Case Number
1251/2017
Procedural Posture
Civil Appeal / Appeal From the Western Cape Division of the High Court
Outcome
Appeal dismissed with costs, including the costs of two counsel.
Judges
Lewis, Zondi, Dambuza, Mokgohloa, Rogers
Legal Topics
Locus Standi, Town Planning Scheme, Municipal Planning by Law, Review of Administrative Action
Land and Property Civil Procedure Locus Standi Town Planning Scheme Municipal Planning by Law Review of Administrative Action

Case Brief

Summary, issues, holding and outcome

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Parties

Allen Targhi Tavakoli

Appellant

DLX Property (Pty) Ltd

Appellant

Bantry Hills (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From the Western Cape Division of the High Court

Legal Issues

  1. 1 Whether the appellants had locus standi to challenge the approval of building plans for the Bantry Hills property.
  2. 2 Whether the approval of the plans contravened item 40(c) of the Development Management Scheme under the City of Cape Town’s Municipal Planning By-law of 2015.
  3. 3 Whether, if unlawfulness was established, the court should exercise its discretion to refrain from setting aside the approval.

Ratio Decidendi

The court held that the appellants failed to establish locus standi to challenge the approval of building plans for the Bantry Hills property. Item 40(c) of the Development Management Scheme was enacted to address traffic congestion in narrow abutting roads, and the class of persons intended to benefit comprises owners and users of properties on those roads. The appellants’ properties were not situated on or directly affected by Tramway Road or Ilford Road, the narrow roads in question. Furthermore, the appellants did not allege or prove any harm caused by the alleged contravention of item 40(c), nor did they demonstrate that they belonged to the specific class for whose benefit the...

Court Disposition

Appeal dismissed with costs, including the costs of two counsel.

Orders

  • The appeal is dismissed with costs, including the costs of two counsel.