KwaDukuza Municipality v Lahaf (Pty) Ltd (940/18)
KwaDukuza Municipality v Lahaf (Pty) Ltd (940/18) [2020] ZASCA 9; [2020] 2 All SA 356 (SCA) (18 March 2020)
The majority of the Supreme Court of Appeal held that the term 'the total GLA of the Property' in the Ballito Lifestyle Centre town planning scheme refers to all areas capable of being leased, not only shop areas. The court found that successive amendments to the scheme had progressively delinked GLA from shops, culminating in the 2011 amendment which restricted the total GLA of the property without reference to shops. The court rejected the respondent's argument that GLA should be confined to retail shop space, noting that the plain language of the scheme, its historical context, and the pur…
Source excerpt
- Town Planning Scheme Interpretation
- Zoning Controls
- Gross Lettable Area Definition
- Municipal Regulatory Powers
- Building Plan Approval