Noordhoek Environmental Action Group v Wiley and Others (2843/2007) [2008] ZAWCHC 180 (21 April 2008)

Noordhoek Environmental Action Group v Wiley and Others (2843/2007) [2008] ZAWCHC 180 (21 April 2008)

The court found that the present parking lot on erf 453 is a permanent structure, and there is no evidence that permission was granted for its construction as required by the zoning and subdivision conditions. The applicant's argument that permission existed, based on the 2003 letter from the provincial engineer, was rejected because the letter did not apply to erf 453. The only relevant plan was supported by the City Engineer in 2006, which indicated that permission had not been granted earlier. The affidavit submitted by the first respondent's attorney failed to show definitive permission for the permanent parking site. The court held that, absent official permission, the construction...

Citation
[2008] ZAWCHC 180
Parties
Applicant: Noordhoek Environmental Action Group; Respondent: Jeremy Jonathan F Wiley; Respondent: Department of Environmental Affairs; Respondent: City of Cape Town
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
21 April 2008
Case Number
2843/2007
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 19 February 2008.
Outcome
Application for leave to appeal dismissed with costs.
Judges
Davis
Legal Topics
Rezoning Conditions, Permanent Parking Permission, Open Space Use, Leave to Appeal, Municipal Regulations
Land and Property Environmental Law Civil Procedure Rezoning Conditions Permanent Parking Permission Open Space Use Leave to Appeal Municipal Regulations

Case Brief

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Parties

Noordhoek Environmental Action Group

Applicant

Jeremy Jonathan F Wiley

Respondent

Department of Environmental Affairs

Respondent

City of Cape Town

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 19 February 2008.

Legal Issues

  1. 1 Whether there is a reasonable prospect of success on appeal regarding the prohibition of permanent parking on erf 453.
  2. 2 Whether permission was granted to construct a permanent parking lot on erf 453.
  3. 3 Whether the zoning conditions attached to erf 453 have been breached.

Ratio Decidendi

The court found that the present parking lot on erf 453 is a permanent structure, and there is no evidence that permission was granted for its construction as required by the zoning and subdivision conditions. The applicant's argument that permission existed, based on the 2003 letter from the provincial engineer, was rejected because the letter did not apply to erf 453. The only relevant plan was supported by the City Engineer in 2006, which indicated that permission had not been granted earlier. The affidavit submitted by the first respondent's attorney failed to show definitive permission for the permanent parking site. The court held that, absent official permission, the construction...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.