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)
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…
Source excerpt
- Town Planning Scheme Interpretation
- Zoning Compliance
- Informal Settlement Rights
- Progressive Realisation Of Housing
- Municipal Powers Under Town Planning
- Constitutional Right To Housing