Hentru Developers & Contractors CC v Hanekom NO and Another (35154/2003)
Hentru Developers & Contractors CC v Hanekom NO and Another (35154/2003) [2005] ZAGPHC 322 (21 September 2005)
The court found that the respondents' refusal of the applicant's application for written authorisation for township establishment was irrational and not supported by a proper consideration of the relevant facts. The respondents failed to address the actual environmental impact, particularly the existing commercial activities and the condition of the wetland, and relied on generalised concerns about urban sprawl and loss of agricultural land without substantiating these claims. The second respondent did not independently assess the appeal, merely repeating the first respondent's reasons and fa…
Source excerpt
- Environmental Authorisation
- Review Of Administrative Action
- Wetland Protection
- Urban Sprawl
- Promotion Of Administrative Justice Act
- Land Use Management