South Africa Case Law

Enslin N.O. and Others v Municipal Manager: Nelson Mandela Bay Municipality and Others (2431/2013)

Enslin N.O. and Others v Municipal Manager: Nelson Mandela Bay Municipality and Others (2431/2013) [2014] ZAECPEHC 83 (4 December 2014)

Court

Eastern Cape High Court, Port Elizabeth

Case number

2431/2013

Judge

C Plasket

The court held that the side building line must be measured from the base of the building to the boundary, not from the eaves, and that the third respondent's building complied with the 1.5 metre requirement. The fire safety distance, as prescribed by SANS 10400-T:2011, is measured from the building to the boundary and does not require aggregation of distances from both properties unless both buildings are on the same site, which was not the case here. The applicants' argument for a combined fire safety distance was rejected as inconsistent with the plain wording of the standard. The risk of…

Source excerpt

• Building Regulations
• Side Building Line
• Fire Safety Distance
• Judicial Review
• Condonation Of Delay

Ruck v Makana Municipality and Others (2628/2010)

Ruck v Makana Municipality and Others (2628/2010) [2010] ZAECGHC 111 (24 November 2010)

Court

Eastern Cape High Court, Grahamstown

Case number

2628/2010

Judge

Mageza

On urgent PAJA review, the court set aside Makana Municipality’s approval of building plans because it wrongly excluded the roof when calculating building height.

• Promotion Of Administrative Justice Act
• Building Regulations
• Zoning Scheme Interpretation
• Judicial Review
• Municipal Powers
• Side Building Line