South Africa Case Law

Hetherington and Others v Boat House Langebaan (Pty) Ltd and Another (15777/2022)

Hetherington and Others v Boat House Langebaan (Pty) Ltd and Another (15777/2022) [2023] ZAWCHC 132 (24 May 2023)

Court

Western Cape High Court, Cape Town

Case number

15777/2022

Judge

Meer

The court found that the First Respondent's use of the property for short-term rentals, events, and commercial activities is unlawful and in contravention of the Saldanha Bay Municipal Integrated Zoning Scheme By-Law. The zoning scheme provides for specific primary and consent uses, and the activities conducted by the First Respondent fall outside these permitted uses. The scheme's definitions of 'dwelling house', 'dwelling unit', and 'family' do not accommodate the commercial and transient uses described. The Respondent's argument that any use not expressly prohibited is permitted was reject…

Source excerpt

• Municipal Zoning Scheme
• Unlawful Land Use
• Interdictory Relief
• Spatial Planning And Land Use Management Act
• Nuisance
• Consent Use

Joubert and Another v City of Tshwane Metropolitan Municipality (93179/19)

Joubert and Another v City of Tshwane Metropolitan Municipality (93179/19) [2022] ZAGPPHC 461 (23 June 2022)

Court

North Gauteng High Court, Pretoria

Case number

93179/19

Judge

Barnes AJ

The High Court dismissed a review of a municipal appeal decision refusing consent use for a scrap yard, and declined declaratory relief on second-hand goods trading.

• Promotion Of Administrative Justice Act
• Municipal Planning
• Consent Use
• Property Zoning
• Second Hand Goods Regulation
• Administrative-law

Spilhaus Property Holdings (Pty) Ltd and Others v MTN Mobile Telephone Networks (Pty) Ltd and Others (13621/2014)

Spilhaus Property Holdings (Pty) Ltd and Others v MTN Mobile Telephone Networks (Pty) Ltd and Others (13621/2014) [2016] ZAWCHC 215 (3 November 2016)

Court

Western Cape High Court, Cape Town

Case number

13621/2014

Judge

RT Williams

The High Court ordered removal of an unlawful cellphone mast from a sectional title building, finding the applicants had standing and a clear right to relief.

• Mandatory Interdict
• Zoning Scheme Regulations
• Sectional Titles Act
• Locus Standi
• Unlawful Building Work
• Consent Use

City of Johannesburg v Tequila and Another (775/11)

City of Johannesburg v Tequila and Another (775/11) [2012] ZASCA 121 (20 September 2012)

Court

Supreme Court of Appeal

Case number

775/11

Judges

Brand, Lewis, Cachalia, Bosielo, Theron

The Supreme Court of Appeal held that the Sandton scheme did not permit a stand-alone restaurant or bar on the property and upheld demolition of an unauthorised structure.

• Town Planning Scheme Interpretation
• Primary Use Rights
• Municipal Land Use Regulation
• Building Regulations
• Consent Use
• Demolition Order

Stellenbosch Municipality v Adams and Another (19245/2011)

Stellenbosch Municipality v Adams and Another (19245/2011) [2011] ZAWCHC 557 (2 December 2011)

Court

Western Cape High Court, Cape Town

Case number

19245/2011

Judge

Van Staden

The court found that, given the applicant's lack of action for over twenty years and the unresolved legal uncertainties regarding the zoning regulations, the nature of the respondents' application, and the potential conflict between provincial planning and national liquor legislation, it would not be just or equitable to grant an urgent interdict at this stage. The application for an interdict was therefore postponed to allow the review application to be heard, with costs reserved for later determination.

Source excerpt

• Zoning Regulations
• Consent Use
• Liquor Licensing
• Municipal Planning
• Review Of Administrative Action