South Africa Case Law

Long v Appeal Authority iro Ndlambe Municipality and Others (621/2022)

Long v Appeal Authority iro Ndlambe Municipality and Others (621/2022) [2023] ZAECMKHC 131; [2024] 1 All SA 364 (ECG) (21 November 2023)

Court

Eastern Cape High Court, Makhanda

Case number

621/2022

Judge

Laing

The court found that the applicant's delay in instituting review proceedings was unreasonable but condoned the delay and extended the 180-day period, considering the explanation provided and the merits of the case. The Municipal Planning Tribunal and Appeal Authority erred in law by failing to appreciate the legal effect of the restrictive conditions attached to the title deed and by applying the new land use scheme retrospectively, rather than the Kenton-on-Sea Town Planning Scheme By-laws in force at the time of the application. The approval for guesthouse use was not permitted under the ap…

Source excerpt

• Promotion Of Administrative Justice Act
• Municipal Planning
• Restrictive Title Conditions
• Zoning Scheme Interpretation
• Condonation Of Delay
• Just And Equitable Remedy

Labuschagne and Another v Global Air Brakes CC and Another (5539/2019)

Labuschagne and Another v Global Air Brakes CC and Another (5539/2019) [2022] ZAGPJHC 597 (25 August 2022)

Court

South Gauteng High Court, Johannesburg

Case number

5539/2019

Judge

Bester

The court found that the first respondent's use of the property as a motor workshop is expressly excluded under the applicable zoning scheme and constitutes an unlawful use. The noise generated by the first respondent's activities was found to be excessive and unreasonable, interfering with the applicants' use and enjoyment of their property. The requirements for a final interdict were satisfied, and the applicants were entitled to an order prohibiting the unlawful use and excessive noise. The application for a demolition order was refused, as only the municipality or minister may seek such r…

Source excerpt

• Zoning Scheme Interpretation
• Noise Nuisance
• Building Regulations
• Interdict
• Review Of Administrative Action

Ruck v Makana Municipality and Others (2628/2010)

Ruck v Makana Municipality and Others (2628/2010) [2010] ZAECGHC 111 (24 November 2010)

Court

Eastern Cape High Court, Grahamstown

Case number

2628/2010

Judge

Mageza

On urgent PAJA review, the court set aside Makana Municipality’s approval of building plans because it wrongly excluded the roof when calculating building height.

• Promotion Of Administrative Justice Act
• Building Regulations
• Zoning Scheme Interpretation
• Judicial Review
• Municipal Powers
• Side Building Line

Trustees for the Time Being of the Triple Eight Trust and Others v Midnight Feast Properties 24 (Pty) and Others (4841/2010)

Trustees for the Time Being of the Triple Eight Trust and Others v Midnight Feast Properties 24 (Pty) and Others (4841/2010) [2010] ZAWCHC 481 (23 September 2010)

Court

Western Cape High Court, Cape Town

Case number

4841/2010

Judge

Louw

The High Court reviewed and set aside Cape Town’s approval of building plans for a Bantry Bay development because the plans breached zoning coverage and setback rules.

• Building Regulations
• Zoning Scheme Interpretation
• Coverage And Setback
• Judicial Review
• Municipal Decision Making
• Judicial-review