South Africa Case Law

Confident Concept (Pty) Limited v Member of the Mayoral Committee: Development Planning - City of Johannesburg and Others (617/2018)

Confident Concept (Pty) Limited v Member of the Mayoral Committee: Development Planning - City of Johannesburg and Others (617/2018) [2022] ZAGPJHC 982 (13 December 2022)

Court

South Gauteng High Court, Johannesburg

Case number

617/2018

Judge

Adams

High Court review of a municipal rezoning appeal: the MMC’s decision was set aside for relying on irrelevant factors, missing relevant ones, and acting irrationally.

• Promotion Of Administrative Justice Act
• Judicial Review Of Municipal Decisions
• Town Planning Scheme Interpretation
• Rezoning Application
• Coverage Requirements
• Bias And Rationality

Confident Concept (PTY) Limited v Member of the Mayoral Committee :Development Planning -City of Johannesburg and Others (617/2018)

Confident Concept (PTY) Limited v Member of the Mayoral Committee :Development Planning -City of Johannesburg and Others (617/2018) [2022] ZAGPJHC 986 (13 December 2022)

Court

South Gauteng High Court, Johannesburg

Case number

617/2018

Judge

L R Adams

The MMC's decision to uphold the appeal against the rezoning approval was fundamentally flawed. It was based on incorrect assumptions regarding coverage requirements, failed to consider relevant expert reports, and ignored the lawful approval of the original building plans. The MMC took into account irrelevant factors, such as the relative size of the property, and did not establish a rational connection between the information before him and the decision made. The MMC also acted beyond the scope of the appeal by issuing directions regarding building plans, which were not the subject of the a…

Source excerpt

• Promotion Of Administrative Justice Act
• Judicial Review Of Administrative Action
• Rezoning Application
• Municipal Planning Tribunal
• Coverage Requirements
• Bias And Irregularity