Two Tyres Services (Pty) Ltd v City of Tshwane Metropolitan Municipality (057109/22)
Two Tyres Services (Pty) Ltd v City of Tshwane Metropolitan Municipality (057109/22) [2024] ZAGPPHC 394 (11 March 2024)
The court found that clause 3 of the servitude prohibits the erection of buildings or structures within the servitude area, but does not classify uncovered parking bays as buildings or structures. The clause anticipates human activity, such as the placement of crops or rubbish, subject to height restrictions. The relevant safety regulations and standards require that any activity under the power lines must not exceed specified height limits, which the applicant's intended parking bays do not. The court held that the applicant's proposed use does not contravene the servitude, the Electrical Ma…
Source excerpt
- Servitude Interpretation
- Occupational Health And Safety
- Electrical Machinery Regulations
- Property Development
- Declaratory Relief