Jacobs and Others v Buschow and Others (2021/2022)
Jacobs and Others v Buschow and Others (2021/2022) [2022] ZAFSHC 338 (28 November 2022)
The court found that the respondents were unlawfully permitting the operation of a frail care facility on property zoned 'Single Residential 2', in contravention of the Bloemfontein Town Planning Scheme. The applicants, as neighbouring property owners, have locus standi to enforce compliance with the zoning scheme. Non-joinder of residents and Tree Tops (Pty) Ltd was not fatal, as neither had a direct and substantial interest prejudicially affected by the relief sought, which was not eviction but restraint of unlawful business use. The pending re-zoning application did not legalize current us…
Source excerpt
- Town Planning Scheme
- Final Interdict
- Zoning Restrictions
- Locus Standi
- Non Joinder
- Illegal Land Use