Booth and Others v Minister of Local Government, Environmental Affairs & Development Planning and Another; City of Cape Town v William Booth Attorneys and Others (2046/12, 22990/11)
Booth and Others v Minister of Local Government, Environmental Affairs & Development Planning and Another; City of Cape Town v William Booth Attorneys and Others (2046/12, 22990/11) [2013] ZAWCHC 47; [2013] 2 All SA 275 (WCC); 2013 (4) SA 519 (WCC) (6 March 2013)
The court found that the Minister did not treat the Kenilworth Road Policy as a binding rule but rather as a guideline, exercising proper discretion in considering the specific circumstances of Booth's application. The Minister's reliance on the policy was legitimate, and Booth failed to present exceptional circumstances justifying departure from the policy. The court rejected the argument that the Minister placed the wrong onus on the applicant, holding that section 36 of LUPO does not require proof of positive advantage but allows refusal where desirability is lacking. The area was properly…
Source excerpt
- Municipal Planning
- Zoning Scheme Regulations
- Review Of Administrative Action
- Interdict
- Land Use Planning Ordinance
- Desirability Criterion