South Africa Case Law

Georgiou t/a Georgiou Spa v Nelson Mandela Bay Metropolitan Municipality (CA26/2016)

Georgiou t/a Georgiou Spa v Nelson Mandela Bay Metropolitan Municipality (CA26/2016) [2017] ZAECGHC 1 (17 January 2017)

Court

Eastern Cape High Court, Grahamstown

Case number

CA26/2016

Judges

C Plasket, J Roberson, M Lowe

The court found that condonation for the late filing of appeal documents should be granted in the interests of justice, given the importance of the issues and the lack of prejudice to the respondent. On the merits, the court held that regulation 3.11 of the Zoning Scheme Regulations does not permit the appellant to operate a spa as a secondary use without the Metro's special consent. The regulation requires prior notification to the Council and applies only to secondary uses that do not change the residential character of the property and are clearly secondary to dwelling purposes. The appell…

Source excerpt

• Zoning Scheme Regulations
• Special Consent
• Interpretation Of Regulations
• Condonation
• Land Use Planning Ordinance

Kwadukuza Municipality v Govender (13941/2010)

Kwadukuza Municipality v Govender (13941/2010) [2011] ZAKZDHC 34 (22 July 2011)

Court

Kwazulu-Natal High Court, Durban

Case number

13941/2010

Judge

K Pillay

The court granted a final interdict against a restaurant/nightclub operating as a place of public amusement without special consent and required licences.

• Town Planning Scheme
• Special Consent
• Business Licensing
• Public Amusement
• Building Regulations
• Town-planning