Lemke NO and Another v Knysna Municipality and Another (21732/14)
Lemke NO and Another v Knysna Municipality and Another (21732/14) [2017] ZAWCHC 13 (8 February 2017)
The Municipality's approval of the subdivision and building line departure was materially influenced by errors of law and procedure. The application for subdivision conflicted with Regulation 3.2.4 of the Knysna Zoning Scheme, as the new erf size was smaller than the sizes prior to consolidation, and no proper departure application was advertised or considered in terms of s 15(1)(b) of LUPO. The incorrect citation of statutory provisions and failure to alert decision-makers to the conflict with the zoning scheme regulations constituted material non-compliance with statutory requirements. Publ…
Source excerpt
- Review Of Administrative Action
- Land Use Planning
- Building Line Departure
- Public Participation
- Statutory Interpretation