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Administrative Law [2025] ZAKZDHC 33

Hansa N.O and Others v Ethekwini Municipality and Others (D5113/24)

Hansa N.O and Others v Ethekwini Municipality and Others (D5113/24) [2025] ZAKZDHC 33 (23 May 2025)

Court
Kwazulu-Natal High Court, Durban
Case number
D5113/24
Judge
Shapiro AJ

The Municipality acted unlawfully in approving the building plans for the M[...] property. The lowest level of the new dwelling does not qualify as a basement under the statutory definition, as less than 50% of its volume is below natural ground level. The building is functionally a three-storey development, with each storey exceeding the maximum permitted height of 4.5 metres, and thus contravenes town planning controls. The Municipality failed to properly apply its mind to the requirements of section 7(1)(b) of the Act, did not conduct a rational assessment of the impact on neighbouring pro…

Source excerpt

  • Building Regulations
  • Town Planning Controls
  • Judicial Review
  • Unlawful Administrative Action
  • Derogation Of Value
  • Interpretation Of Statutes
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Administrative Law [2018] ZAWCHC 5

City of Cape Town and Another v Da Cruz and Another (A313/17)

City of Cape Town and Another v Da Cruz and Another (A313/17) [2018] ZAWCHC 5; [2018] 2 All SA 36 (WCC); 2018 (3) SA 462 (WCC) (2 February 2018)

Court
Western Cape High Court, Cape Town
Case number
A313/17
Judges
Hlophe, Fortuin, Sher

The court held that both the Building Control Officer and the Head of Building Development Management misapplied the legal test under section 7(1) of the National Building Regulations and Building Standards Act. Instead of positively satisfying themselves that the proposed building would not be unsightly, objectionable, or derogate from the value of neighbouring properties, they adopted the incorrect approach from True Motives, which required only the absence of a basis to be satisfied that negative outcomes would occur. The decision-makers failed to conduct a proper contextual assessment of…

Source excerpt

  • Building Standards Act
  • Review Of Administrative Action
  • Derogation Of Value
  • Unsightliness And Objectionableness
  • Procedural Fairness
  • Zoning Scheme Rights
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Administrative Law [2017] ZAWCHC 1

Da Cruz and Another v City of Cape Town and Another (6561/2015)

Da Cruz and Another v City of Cape Town and Another (6561/2015) [2017] ZAWCHC 1; [2017] 1 All SA 890 (WCC); 2017 (4) SA 107 (WCC) (13 January 2017)

Court
Western Cape High Court, Cape Town
Case number
6561/2015
Judge
Binns-Ward

The court found that the City of Cape Town's approval of the Oracle building plans was materially influenced by an error of law, specifically a misapprehension of the requirements of section 7(1) of the Building Act. The decision-maker failed to properly conduct the required contextual assessment of the impact on the Four Seasons building, particularly the balconies and the legitimate expectations of purchasers. The building control officer and the approving official conflated compliance with zoning parameters with the separate enquiry into unsightliness, objectionableness, and derogation of…

Source excerpt

  • Building Regulations
  • Judicial Review Under Paja
  • Derogation Of Value
  • Municipal Decision Making
  • Sectional Title Schemes
  • Urban Development
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Administrative Law [2016] ZAWCHC 102

Gerstle and Others v City of Cape Town and Others (A484/2015)

Gerstle and Others v City of Cape Town and Others (A484/2015) [2016] ZAWCHC 102; [2016] 4 All SA 533 (WCC); 2017 (1) SA 11 (WCC) (15 August 2016)

Court
Western Cape High Court, Cape Town
Case number
A484/2015
Judges
Davis, Baartman, Boqwana

The court held that the approval of double storey dwellings in the front row of Mill Row was lawful and complied with the National Building Regulations and Building Standards Act as well as the applicable zoning scheme. The concept of 'harmonious architectural entity' does not prohibit variation in height or design, and no legal mechanisms were put in place to restrict development to single storey dwellings. The decision-maker considered all relevant reports and objections, and exercised the required level of scrutiny. The appellants' attempt to extend the concept to create rights to view, pr…

Source excerpt

  • Building Plan Approval
  • Legitimate Expectation
  • Harmonious Architectural Entity
  • Derogation Of Value
  • Group Housing Scheme
  • Judicial Deference
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Administrative Law [2012] ZAWCHC 387

De Jong and Others v Trustees of the Simcha Trust and Another (22197/12)

De Jong and Others v Trustees of the Simcha Trust and Another (22197/12) [2012] ZAWCHC 387 (12 December 2012)

Court
Western Cape High Court, Cape Town
Case number
22197/12
Judge
Dolamo

The court found that the applicants acted without undue delay, given the chronology of events and the respondent's invitation to negotiate before litigation. The applicants established urgency and a prima facie right to review the City's approval of the building plans, particularly due to doubts about whether the building control officer complied with statutory duties by providing a proper, reasoned recommendation. The court held that the applicants face real prospects of irreparable harm if construction continues, as the respondent could build itself into an impregnable position, diminishing…

Source excerpt

  • Building Plan Approval
  • Split Zoning
  • Derogation Of Value
  • National Building Regulations
  • Interim Interdict
  • Promotion Of Administrative Justice Act
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Administrative Law [2012] ZAKZPHC 63

Turnbull-Jackson v Hibiscus Coast Municipality and Others (7929/2009)

Turnbull-Jackson v Hibiscus Coast Municipality and Others (7929/2009) [2012] ZAKZPHC 63 (26 September 2012)

Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
7929/2009
Judge
Sishi

The court found that none of the applicant’s six grounds for review were substantiated. There was no reasonable suspicion of bias on the part of Mr Van der Walt, who was the only qualified official to approve the plans and acted rationally and reasonably. The municipality was not precluded from considering the plans by any undertaking or pending litigation, as it was statutorily obliged to process applications. No legitimate expectation of a hearing arose, as the municipality made no promise to the applicant. The building control officer’s recommendation was procedurally adequate and complied…

Source excerpt

  • Building Control
  • Town Planning Scheme
  • Promotion Of Administrative Justice Act
  • Legitimate Expectation
  • Environmental Authorisation
  • Derogation Of Value
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.