South Africa Case Law

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

Burger and Others v Brown and Others (17204/2011)

Burger and Others v Brown and Others (17204/2011) [2011] ZAWCHC 468 (12 September 2011)

Court

Western Cape High Court, Cape Town

Case number

17204/2011

Judge

Dlodlo

The court ordered the City of Cape Town to produce additional Rule 53 review-record documents about Millrow development approvals and prior applications.

• Building Standards Act Review
• Discovery Under Rule 53
• Legitimate Expectation
• Group Housing Scheme
• Zoning Regulations
• Access To Information