South Africa Case Law

Confident Concept (Pty) Limited v Member of the Mayoral Committee: Development Planning - City of Johannesburg and Others (617/2018)

Confident Concept (Pty) Limited v Member of the Mayoral Committee: Development Planning - City of Johannesburg and Others (617/2018) [2022] ZAGPJHC 982 (13 December 2022)

Court

South Gauteng High Court, Johannesburg

Case number

617/2018

Judge

Adams

High Court review of a municipal rezoning appeal: the MMC’s decision was set aside for relying on irrelevant factors, missing relevant ones, and acting irrationally.

• Promotion Of Administrative Justice Act
• Judicial Review Of Municipal Decisions
• Town Planning Scheme Interpretation
• Rezoning Application
• Coverage Requirements
• Bias And Rationality

KwaDukuza Municipality v Lahaf (Pty) Ltd (940/18)

KwaDukuza Municipality v Lahaf (Pty) Ltd (940/18) [2020] ZASCA 9; [2020] 2 All SA 356 (SCA) (18 March 2020)

Court

Supreme Court of Appeal

Case number

940/18

Judges

Petse, Leach, Zondi, Plasket, Mbatha

The majority of the Supreme Court of Appeal held that the term 'the total GLA of the Property' in the Ballito Lifestyle Centre town planning scheme refers to all areas capable of being leased, not only shop areas. The court found that successive amendments to the scheme had progressively delinked GLA from shops, culminating in the 2011 amendment which restricted the total GLA of the property without reference to shops. The court rejected the respondent's argument that GLA should be confined to retail shop space, noting that the plain language of the scheme, its historical context, and the pur…

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• Town Planning Scheme Interpretation
• Zoning Controls
• Gross Lettable Area Definition
• Municipal Regulatory Powers
• Building Plan Approval

Van der Merwe v Coertzen and Others (22623/16)

Van der Merwe v Coertzen and Others (22623/16) [2017] ZAGPPHC 1219 (8 December 2017)

Court

North Gauteng High Court, Pretoria

Case number

22623/16

Judge

JFD Brand

The High Court dismissed an application for a final interdict, holding that the applicant’s home tutoring exceeded the town-planning scheme and parking limits.

• Town Planning Scheme Interpretation
• Final Interdict Requirements
• Home Business Regulation
• Parking Requirements
• Nuisance
• Final-interdict

City of Tshwane Metropolitan Municipality v Business Connexion (Pty) Limited and Others (19857/2017)

City of Tshwane Metropolitan Municipality v Business Connexion (Pty) Limited and Others (19857/2017) [2017] ZAGPPHC 456 (21 July 2017)

Court

North Gauteng High Court, Pretoria

Case number

19857/2017

Judge

AC Basson

The court found that the applicant's insistence on compliance with multiple scheme conditions, including submission of a MSDP and a specific UDF, was not supported by the Amendment Scheme or applicable legislation. The scheme does not require a MSDP or a formal approval process for a UDF as prerequisites for building plan approval. The approval of the Site Development Plan (SDP) for the Business Connexion building constituted full compliance with scheme requirements regarding density, coverage, height, and building lines. Geological and structural safety requirements were met for the specific…

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• Building Plan Approval
• Occupancy Certificate
• Town Planning Scheme Interpretation
• Urban Design Framework
• Municipal Powers And Duties
• Declaratory Relief

Educated Risk Investments 165 (Pty) Ltd and Others v Ekurhuleni Metropolitan Municipality and Others (308/2015)

Educated Risk Investments 165 (Pty) Ltd and Others v Ekurhuleni Metropolitan Municipality and Others (308/2015) [2016] ZASCA 67; 2016 (6) SA 434 (SCA) (20 May 2016)

Court

Supreme Court of Appeal

Case number

308/2015

Judges

Lewis, Theron, Wallis, Mathopo, Victor

The Supreme Court of Appeal held that informal housing constructed on land zoned Residential 1 qualifies as 'dwelling houses' under the Springs Town Planning Scheme, 1996, provided they are free-standing and designed for occupation by a single family. The Scheme does not require dwelling houses to be permanent or constructed of specific materials. The incremental development approach adopted by Ekurhuleni does not contravene the Scheme or the conditions attached to township approval, as those conditions apply to the disposal of lots, not to the municipality's use of its own property. Clause 3…

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• Town Planning Scheme Interpretation
• Zoning Compliance
• Informal Settlement Rights
• Progressive Realisation Of Housing
• Municipal Powers Under Town Planning
• Constitutional Right To Housing

City of Johannesburg v Tequila and Another (775/11)

City of Johannesburg v Tequila and Another (775/11) [2012] ZASCA 121 (20 September 2012)

Court

Supreme Court of Appeal

Case number

775/11

Judges

Brand, Lewis, Cachalia, Bosielo, Theron

The Supreme Court of Appeal held that the Sandton scheme did not permit a stand-alone restaurant or bar on the property and upheld demolition of an unauthorised structure.

• Town Planning Scheme Interpretation
• Primary Use Rights
• Municipal Land Use Regulation
• Building Regulations
• Consent Use
• Demolition Order