Kwadukuza Municipality v Build-Rite Properties (Pty) Ltd and Others (D10675/2019)
Kwadukuza Municipality v Build-Rite Properties (Pty) Ltd and Others (D10675/2019) [2021] ZAKZDHC 24 (12 August 2021)
The court found that the KwaDukuza Land Use Management Scheme permits the operation of a hardware shop or wholesale hardware shop within a shop building on Erf 220 under the Mixed Core Use 3 (MUC3) zoning. The applicant's attempt to classify a hardware shop as a 'builder's supply yard' was rejected, as the definition of 'yard' refers to open land and not a building. The court held that the applicant's construction of the scheme was incorrect and that the respondents' intended use was lawful. The application against the second and third respondents was dismissed due to lack of justification fo…
Source excerpt
- Municipal Zoning
- Interdict
- Costs Order
- Building Regulations
- Land Use Management Scheme
- Declaratory Relief