Du Toit N.O. and Others v Coenoe 90 CC and Others (1584/2017)
Du Toit N.O. and Others v Coenoe 90 CC and Others (1584/2017) [2017] ZAFSHC 126 (2 August 2017)
The court found that the operation of Pandora's Guesthouse on a property zoned for single residential use was unlawful, as no formal consent had been granted by the municipality and informal consent from officials did not suffice under the relevant ordinances. The applicants, as affected owners and residents, had locus standi to seek an interdict without needing to prove special damage. The court held that the requirements for a final interdict were met, as the applicants had a clear right to enforce compliance with the zoning scheme, the unlawful use was ongoing, and no adequate alternative…
Source excerpt
- Town Planning Scheme
- Illegal Land Use
- Interdict Requirements
- Locus Standi
- Municipal Zoning
- Special Consent Application